New South Wales Crime Commission v Shen [2015] NSWSC 947

New South Wales Crime Commission v Shen [2015] NSWSC 947

The Plaintiff established reasonable grounds for suspicion that Li Ming Shen engaged in serious crime related activity, justifying ex parte restraining orders under s 10A Criminal Assets Recovery Act 1990, with variation to permit sale of property and orders requiring examination and disclosure by Defendant.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
15 July 2015
Procedural Posture
Application for Restraining Order / Interlocutory, Ex Parte Order
Outcome
Restraining orders granted, variation of restraining orders to permit sale, orders for examination and disclosure, orders regarding proceeds, costs in the cause.
Legal Topics
['proceeds of Crime' 'restraining Orders' 'sale of Seized Property' 'examination Orders']
['criminal Law' 'civil Procedure'] ['proceeds of Crime' 'restraining Orders' 'sale of Seized Property' 'examination Orders']

Source-derived case record

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Procedural Posture

Application for Restraining Order / Interlocutory, Ex Parte Order

Legal Issues

  1. 1 ['Whether there are reasonable grounds for suspicion that Li Ming Shen engaged in serious crime related activity' 'Whether restraining order should be granted under Criminal Assets Recovery Act 1990' 'Whether property can be sold and proceeds restrained' 'Whether Defendant should be examined under s 12 of the Act']

Ratio Decidendi

The Plaintiff established reasonable grounds for suspicion that Li Ming Shen engaged in serious crime related activity, justifying ex parte restraining orders under s 10A Criminal Assets Recovery Act 1990, with variation to permit sale of property and orders requiring examination and disclosure by Defendant.

Court Disposition

Restraining orders granted, variation of restraining orders to permit sale, orders for examination and disclosure, orders regarding proceeds, costs in the cause.

Orders

  • ['No person other than registered mortgagee may deal with interest in specified property (Unit 1, 167 George Street, Parramatta) of Li Ming Shen except as provided.' "Restraint varied to allow sale; proceeds to pay mortgage, costs, agent commission, valuer fee, rates and other expenses with Plaintiff's consent."...