New South Wales Crime Commission v Lee & Ors [2017] NSWSC 1503

New South Wales Crime Commission v Lee & Ors [2017] NSWSC 1503

The motion to set aside consent orders is stayed by s 471B Corporations Act 2001 (Cth) due to the winding up of the company, and given failure to seek leave and the weakness of arguments for setting aside consent, the motion should be dismissed for want of due dispatch and prosecution.

Parties
Applicant: New South Wales Crime Commission; First Respondent: Mr Do Young (aka Jason) Lee; Second Respondent: Mr Seong Won Lee; Third Defendant: J & Lee Property Investment Group Pty Ltd (in liquidation)
Jurisdiction
Australia
Judgment Date
02 November 2017
Procedural Posture
Civil / Application to Dismiss Motion for Want of Due Dispatch and Prosecution
Outcome
Notice of Motion dismissed for want of due dispatch and prosecution; respondents to pay applicant's costs
Legal Topics
Summary Disposal, Dismissal of Motion, Consent Orders, Stay of Proceedings, Statutory Stay
Civil Procedure Summary Disposal Dismissal of Motion Consent Orders Stay of Proceedings Statutory Stay

Case Brief

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Parties

New South Wales Crime Commission

Applicant

Mr Do Young (aka Jason) Lee

First Respondent

Mr Seong Won Lee

Second Respondent

J & Lee Property Investment Group Pty Ltd (in liquidation)

Third Defendant

Procedural Posture

Civil / Application to Dismiss Motion for Want of Due Dispatch and Prosecution

Legal Issues

  1. 1 Whether the motion to set aside consent orders should be dismissed for want of due dispatch and prosecution
  2. 2 Whether the statutory stay under s 471B Corporations Act 2001 (Cth) applies to the motion to set aside consent orders
  3. 3 Whether arguments to set aside final consent orders are arguable or vitiate consent

Ratio Decidendi

The motion to set aside consent orders is stayed by s 471B Corporations Act 2001 (Cth) due to the winding up of the company, and given failure to seek leave and the weakness of arguments for setting aside consent, the motion should be dismissed for want of due dispatch and prosecution.

Court Disposition

Notice of Motion dismissed for want of due dispatch and prosecution; respondents to pay applicant's costs

Orders

  • Under r 2.7 Uniform Civil Procedure Rules 2005 (NSW), the Notice of Motion filed by Jason Lee and Seong Won Lee on 13 July 2017 is dismissed for want of due dispatch and prosecution.
  • The Lees are to pay the Commission's costs of the application.