New South Wales Crime Commission v Vo [2019] NSWSC 1543

There are reasonable grounds for suspicion of the defendant's engagement in serious crime related activity, and restraining orders under s.10A are warranted; orders should be made ex parte due to risk of asset disposal.

Parties: Plaintiff: New South Wales Crime Commission; Defendant: Dat Van Vo
Jurisdiction: Australia
Judgment Date: 07 November 2019
Procedural Posture: Restraining Order Application / Interlocutory Orders
Outcome: Restraining and ancillary orders made ex parte
Legal Topics: Proceeds of Crime, Restraining Orders, Serious Crime Related Activity

Criminal Law Proceeds of Crime Restraining Orders Serious Crime Related Activity

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Parties

New South Wales Crime Commission

Plaintiff

Dat Van Vo

Defendant

Procedural Posture

Restraining Order Application / Interlocutory Orders

Legal Issues

1 Whether restraining orders should be made under s.10A of the Criminal Assets Recovery Act 1990 (NSW)
2 Whether there are reasonable grounds for suspicion that the defendant engaged in serious crime related activity
3 Whether orders should be made without prior notice to the defendant

Ratio Decidendi

Court Disposition

Restraining and ancillary orders made ex parte

Orders

No person (other than registered mortgagee) is to deal with any interest in property of Dat Van Vo, including specified real property and vehicle, pursuant to s.10A of Criminal Assets Recovery Act 1990 (NSW).
Dat Van Vo to be examined on oath before a Registrar concerning his affairs, pursuant to s.12(1)(b)(i).