New South Wales Crime Commission v Phung [2023] NSWSC 1440

New South Wales Crime Commission v Phung [2023] NSWSC 1440

The evidence provided by the authorised officer, Mr Wen, including police facts and confirmation from the investigating officer, established reasonable grounds to suspect the defendant engaged in serious crime related activity. The circumstances warranted making restraining orders ex parte to prevent the dissipation of assets, satisfying the statutory requirements for interim restraint and examination orders.

Parties
Plaintiff: New South Wales Crime Commission; Defendant: Laura Phung
Jurisdiction
Australia
Judgment Date
24 November 2023
Procedural Posture
Application for Restraining Orders (proceeds of Crime) / Interlocutory (grant of Ex Parte Orders)
Outcome
Ex parte restraining, control, and examination orders granted; matter listed for mention.
Legal Topics
Proceeds of Crime, Restraining Orders, Ex Parte Applications, Asset Forfeiture
Criminal Law Civil Procedure Proceeds of Crime Restraining Orders Ex Parte Applications Asset Forfeiture

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Parties

New South Wales Crime Commission

Plaintiff

Laura Phung

Defendant

Procedural Posture

Application for Restraining Orders (proceeds of Crime) / Interlocutory (grant of Ex Parte Orders)

Legal Issues

  1. 1 Whether restraining orders should be granted under s 10A of the Criminal Assets Recovery Act 1990 (NSW) against property of the defendant
  2. 2 Whether orders should be made ex parte (without notice)
  3. 3 Whether NSW Trustee and Guardian should take control of cash seized from the defendant

Ratio Decidendi

The evidence provided by the authorised officer, Mr Wen, including police facts and confirmation from the investigating officer, established reasonable grounds to suspect the defendant engaged in serious crime related activity. The circumstances warranted making restraining orders ex parte to prevent the dissipation of assets, satisfying the statutory requirements for interim restraint and examination orders.

Court Disposition

Ex parte restraining, control, and examination orders granted; matter listed for mention.

Orders

  • No person (other than any registered mortgagee) is to dispose of or otherwise deal with any interest in property of Laura Phung, including property specified in Schedules One and Two.
  • Laura Phung to be examined on oath before a Registrar concerning her affairs and property interests.