New South Wales Crime Commission v Junxian Ke [2018] NSWSC 1779

New South Wales Crime Commission v Junxian Ke [2018] NSWSC 1779

The withdrawal of the prosecution of the underlying offence by the Office of the Director of Public Prosecutions in South Australia provides grounds for the cancellation of the interstate restraining order as sought.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
21 September 2018
Procedural Posture
Motion for Cancellation of Interstate Restraining Order / Ex Tempore Judgment
Outcome
Interstate restraining order cancelled
Legal Topics
['criminal Assets Recovery' 'interstate Restraining Order' 'cancellation of Order' 'consequential Orders']
['criminal Law' 'practice and Procedure'] ['criminal Assets Recovery' 'interstate Restraining Order' 'cancellation of Order' 'consequential Orders']

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Procedural Posture

Motion for Cancellation of Interstate Restraining Order / Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the interstate restraining order in respect of Junxian Ke should be cancelled following withdrawal of prosecution of the underlying offence']

Ratio Decidendi

The withdrawal of the prosecution of the underlying offence by the Office of the Director of Public Prosecutions in South Australia provides grounds for the cancellation of the interstate restraining order as sought.

Court Disposition

Interstate restraining order cancelled

Orders

  • ['Pursuant to s 52F of the Criminal Assets Recovery Act 1990 (NSW), the interstate restraining order dated 19 February 2018 and registered on 8 March 2018 in respect of the interests in property of Junxian Ke in New South Wales is cancelled.']