Application of the New South Wales Crime Commission; In the matter of Tian [2022] NSWSC 899

Application of the New South Wales Crime Commission; In the matter of Tian [2022] NSWSC 899

Restraining orders are appropriate based on suspicion of money laundering and justified by material presented; ancillary examination orders are refused where criminal charges are extant and should be made on notice.

Jurisdiction
Australia
Judgment Date
17 June 2022
Procedural Posture
Application Ex Parte / Short Minutes of Order; Orders Made
Outcome
Orders 1, 2, 6, 7, 10, 11, 12 and 13 made in accordance with short minutes of order filed by plaintiff on 17 June 2022.
Legal Topics
['confiscation of Proceeds of Crime' 'restraining Orders' 'examination Orders' 'ancillary Orders' 'money Laundering']
['criminal Law' 'civil Procedure'] ['confiscation of Proceeds of Crime' 'restraining Orders' 'examination Orders' 'ancillary Orders' 'money Laundering']

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Procedural Posture

Application Ex Parte / Short Minutes of Order; Orders Made

Legal Issues

  1. 1 ['Whether restraining orders pursuant to s 10A of the Criminal Assets Recovery Act 1990 (NSW) should be made' 'Whether ancillary orders for examination on oath and provision of financial statements should be made in circumstances of extant or potential criminal proceedings']

Ratio Decidendi

Restraining orders are appropriate based on suspicion of money laundering and justified by material presented; ancillary examination orders are refused where criminal charges are extant and should be made on notice.

Court Disposition

Orders 1, 2, 6, 7, 10, 11, 12 and 13 made in accordance with short minutes of order filed by plaintiff on 17 June 2022.

Orders

  • ['Order 1 as per short minutes' 'Order 2 as per short minutes' 'Order 6 as per short minutes' 'Order 7 as per short minutes' 'Order 10 as per short minutes' 'Order 11 as per short minutes' 'Order 12 as per short minutes' 'Order 13 as per short minutes']