New South Wales Crime Commission v Phan [2022] NSWSC 1047

New South Wales Crime Commission v Phan [2022] NSWSC 1047

The affidavit of Ryan James Bull, together with the fact sheet, expert certificate and financial documents, established that the authorised officer's suspicion that Martin Phan had engaged in serious crime related activity was reasonably held. The risk that property could be dealt with quickly to defeat the Act justified making the orders without prior notice, and the requested examination and ancillary control orders were appropriate.

Jurisdiction
Australia
Judgment Date
05 August 2022
Procedural Posture
Application for Restraining Order Under the Criminal Assets Recovery Act 1990 (nsw) / Ex Parte Procedural Ruling
Outcome
Restraining order, examination orders and ancillary control orders made; leave and liberty granted.
Legal Topics
['restraining Orders' 'criminal Assets Recovery' 'serious Crime Related Activity' 'examination on Oath' 'ancillary Control Orders']
['criminal Law' 'proceeds of Crime'] ['restraining Orders' 'criminal Assets Recovery' 'serious Crime Related Activity' 'examination on Oath' 'ancillary Control Orders']

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Procedural Posture

Application for Restraining Order Under the Criminal Assets Recovery Act 1990 (nsw) / Ex Parte Procedural Ruling

Legal Issues

  1. 1 ['Whether there were reasonable grounds for the suspicion that the defendant had engaged in serious crime related activity so as to justify a restraining order under s 10A of the Criminal Assets Recovery Act 1990 (NSW).' 'Whether the orders should be made without prior notice to the defendant.' 'Whether examination orders and ancillary control orders should be made.']

Ratio Decidendi

The affidavit of Ryan James Bull, together with the fact sheet, expert certificate and financial documents, established that the authorised officer's suspicion that Martin Phan had engaged in serious crime related activity was reasonably held. The risk that property could be dealt with quickly to defeat the Act justified making the orders without prior notice, and the requested examination and ancillary control orders were appropriate.

Court Disposition

Restraining order, examination orders and ancillary control orders made; leave and liberty granted.

Orders

  • ['Upon the Plaintiff giving the usual undertaking as to damages, and considering that there are reasonable grounds for the suspicion stated in the affidavit of Ryan Bull, the Court made orders.' 'Pursuant to section 10A of the Criminal Assets Recovery Act 1990 no person, other than any registered mortgagee dealing...