New South Wales Crime Commission v Jason Lee [2011] NSWSC 1037

New South Wales Crime Commission v Jason Lee [2011] NSWSC 1037

The application was dismissed as an abuse of process because the orders now sought were not materially different from those previously refused, and the inclusion of a non-publication order did not constitute a sufficient change in circumstances.

Jurisdiction
Australia
Judgment Date
18 August 2011
Procedural Posture
Interlocutory Application / Judgment on Amended Notice of Motion
Outcome
application dismissed
Legal Topics
['criminal Assets Recovery Act 1990' 'non Publication Orders' 'abuse of Process' 'examination of Defendants']
['criminal Law'] ['criminal Assets Recovery Act 1990' 'non Publication Orders' 'abuse of Process' 'examination of Defendants']

Case Brief

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Procedural Posture

Interlocutory Application / Judgment on Amended Notice of Motion

Legal Issues

  1. 1 ['Whether the application for examination orders and non-publication orders constitutes an abuse of process' 'Whether the difference between the orders now sought and those previously refused is substantive']

Ratio Decidendi

The application was dismissed as an abuse of process because the orders now sought were not materially different from those previously refused, and the inclusion of a non-publication order did not constitute a sufficient change in circumstances.

Court Disposition

application dismissed

Orders

  • ['The application is dismissed.' 'The plaintiff, New South Wales Crime Commission, is to pay the costs of the defendants Jason Lee and Seong Won Lee.']