New South Wales Crime Commission v Hoang [2019] NSWSC 674

New South Wales Crime Commission v Hoang [2019] NSWSC 674

The Court was satisfied, having read the fact sheets and affidavit material, that Ms Bourne's suspicion that the defendants had committed offences involving dealing with proceeds of crime was reasonably held. It was appropriate to seize the Porsche Cayenne, place the seized cash under the control of the NSW Trustee and Guardian, and make the restraining orders without prior notice because of the identified risk that the operation of the Act could otherwise be defeated.

Jurisdiction
Australia
Judgment Date
06 June 2019
Procedural Posture
Criminal Law – Proceeds of Crime – Restraining Orders / Ex Parte Application for Restraining Orders Under the Criminal Assets Recovery Act 1990 (nsw)
Outcome
Restraining orders and associated examination, seizure, control, disclosure, costs and procedural orders made ex parte upon the plaintiff giving the usual undertaking as to damages.
Legal Topics
['restraining Orders' 'criminal Assets Recovery' 'serious Crime Related Activity' 'money Laundering' 'ex Parte Orders' 'seizure and Control of Property' 'unexplained Wealth Orders' 'forfeiture Orders']
['criminal Law' 'proceeds of Crime'] ['restraining Orders' 'criminal Assets Recovery' 'serious Crime Related Activity' 'money Laundering' 'ex Parte Orders' 'seizure and Control of Property' 'unexplained Wealth Orders' 'forfeiture Orders']

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Procedural Posture

Criminal Law – Proceeds of Crime – Restraining Orders / Ex Parte Application for Restraining Orders Under the Criminal Assets Recovery Act 1990 (nsw)

Legal Issues

  1. 1 ['Whether the application for restraining orders was supported by an affidavit of an authorised officer satisfying s 10A(5) of the Criminal Assets Recovery Act 1990 (NSW).' 'Whether there were reasonable grounds for the suspicion that the defendants had engaged in serious crime-related activity.' 'Whether the restraining orders, examination orders, property seizure and control orders should be made without prior notice to the defendants.']

Ratio Decidendi

The Court was satisfied, having read the fact sheets and affidavit material, that Ms Bourne's suspicion that the defendants had committed offences involving dealing with proceeds of crime was reasonably held. It was appropriate to seize the Porsche Cayenne, place the seized cash under the control of the NSW Trustee and Guardian, and make the restraining orders without prior notice because of the identified risk that the operation of the Act could otherwise be defeated.

Court Disposition

Restraining orders and associated examination, seizure, control, disclosure, costs and procedural orders made ex parte upon the plaintiff giving the usual undertaking as to damages.

Orders

  • ['No person, other than any registered mortgagee dealing with its rights under the registered mortgage, is to dispose of, attempt to dispose of, or otherwise deal with any interest in property of Van Dien Hoang, including the interests in property specified in Schedules One and Three.' 'No person, other than any...