New South Wales Crime Commission v Phan [2020] NSWSC 1527

New South Wales Crime Commission v Phan [2020] NSWSC 1527

On the evidence, including Ms Bourne's affidavit and the statement of facts and circumstances, there were reasonable grounds for the suspicion that Minh Nhat Phan had engaged in serious crime related activity, the circumstances justified NSW Trustee and Guardian control of the relevant property interests, and there...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 July 2020
Procedural Posture
Application for Restraining Order Under the Criminal Assets Recovery Act 1990 (nsw) / Hearing Instanter and Ex Parte
Outcome
Application granted; orders made accordingly.
Legal Topics
['restraining Order' 'ex Parte Application' 'serious Crime Related Activity' 'control of Property by NSW Trustee and Guardian']
['criminal Procedure' 'criminal Assets Recovery'] ['restraining Order' 'ex Parte Application' 'serious Crime Related Activity' 'control of Property by NSW Trustee and Guardian']

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Procedural Posture

Application for Restraining Order Under the Criminal Assets Recovery Act 1990 (nsw) / Hearing Instanter and Ex Parte

Legal Issues

  1. 1 ['Whether the Commission had established that a restraining order should be made under ss 10A and 10B of the Criminal Assets Recovery Act 1990 (NSW).' "Whether there were reasonable grounds for the authorised officer's suspicion that Minh Nhat Phan had engaged in serious crime related activity." 'Whether the circumstances required an order that the NSW Trustee and Guardian take control of interests in property subject to the restraining order.' 'Whether there was a proper basis for the matter to proceed ex parte.']

Ratio Decidendi

On the evidence, including Ms Bourne's affidavit and the statement of facts and circumstances, there were reasonable grounds for the suspicion that Minh Nhat Phan had engaged in serious crime related activity, the circumstances justified NSW Trustee and Guardian control of the relevant property interests, and there was a proper basis for proceeding ex parte; accordingly the Commission established that a restraining order under ss 10A and 10B and ancillary orders under s 12 should be made.

Court Disposition

Application granted; orders made accordingly.

Orders

  • ['On the evidence before the Court, the Commission has established that a restraining order should be made under ss 10A and 10B, together with ancillary orders under s 12 of the Act.']