New South Wales Crime Commission v Tan [2017] NSWSC 15

New South Wales Crime Commission v Tan [2017] NSWSC 15

The suspicion that Chun Kit Tan engaged in serious crime related activity (money laundering) is reasonably held based on the affidavit evidence, and there is a risk assets may be dissipated, justifying the restraining orders under s 10A of the Criminal Assets Recovery Act 1990 (NSW) without prior notice to the defendant.

Parties
Plaintiff: New South Wales Crime Commission; Defendant: Chun Kit Tan
Jurisdiction
Australia
Judgment Date
27 January 2017
Procedural Posture
Ex Parte Civil Proceeding (restraining Order Application) / Interlocutory (application for Restraining Orders Pending Unexplained Wealth Order)
Outcome
Interlocutory restraining and ancillary orders made ex parte against the defendant (Chun Kit Tan).
Legal Topics
Proceeds of Crime, Restraining Orders, Unexplained Wealth, Asset Forfeiture
Criminal Law Civil Procedure Proceeds of Crime Restraining Orders Unexplained Wealth Asset Forfeiture

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Parties

New South Wales Crime Commission

Plaintiff

Chun Kit Tan

Defendant

Procedural Posture

Ex Parte Civil Proceeding (restraining Order Application) / Interlocutory (application for Restraining Orders Pending Unexplained Wealth Order)

Legal Issues

  1. 1 Whether restraining orders should be made under s 10A of the Criminal Assets Recovery Act 1990 (NSW)
  2. 2 Whether the suspicion that proceeds of crime have been dealt with is reasonably held
  3. 3 Whether orders should be made ex parte (without prior notice to the defendant)

Ratio Decidendi

The suspicion that Chun Kit Tan engaged in serious crime related activity (money laundering) is reasonably held based on the affidavit evidence, and there is a risk assets may be dissipated, justifying the restraining orders under s 10A of the Criminal Assets Recovery Act 1990 (NSW) without prior notice to the defendant.

Court Disposition

Interlocutory restraining and ancillary orders made ex parte against the defendant (Chun Kit Tan).

Orders

  • No person (other than any registered mortgagee) is to dispose of or otherwise deal with any interest in property of Chun Kit Tan, including cash specified in Schedule One, pursuant to s 10A Criminal Assets Recovery Act 1990.
  • Chun Kit Tan to be examined under oath concerning his affairs before a Registrar, pursuant to s 12(1)(b)(i) Criminal Assets Recovery Act 1990.