New South Wales Crime Commission v Tran [2019] NSWSC 1541

New South Wales Crime Commission v Tran [2019] NSWSC 1541

The affidavit of an authorised officer provided reasonable grounds to suspect the defendant engaged in serious crime related activity, supporting the grant of restraining orders under s.10A of the Criminal Assets Recovery Act 1990 (NSW). Given the risk of disposal and the nature of the assets, it was appropriate to make orders without prior notice to the defendant.

Parties
Plaintiff: New South Wales Crime Commission; Defendant: Van Duc Tran
Jurisdiction
Australia
Judgment Date
07 November 2019
Procedural Posture
Civil Application (confiscation/recovery) / Interlocutory – Application for Restraining Orders
Outcome
Restraining orders granted as sought by the Plaintiff.
Legal Topics
Restraining Orders, Asset Forfeiture, Serious Crime Related Activity
Criminal Law Proceeds of Crime Restraining Orders Asset Forfeiture Serious Crime Related Activity

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Parties

New South Wales Crime Commission

Plaintiff

Van Duc Tran

Defendant

Procedural Posture

Civil Application (confiscation/recovery) / Interlocutory – Application for Restraining Orders

Legal Issues

  1. 1 Whether restraining orders should be granted over property suspected of being proceeds of crime under Criminal Assets Recovery Act 1990 (NSW)
  2. 2 Whether orders should be made ex parte without notice to the defendant

Ratio Decidendi

The affidavit of an authorised officer provided reasonable grounds to suspect the defendant engaged in serious crime related activity, supporting the grant of restraining orders under s.10A of the Criminal Assets Recovery Act 1990 (NSW). Given the risk of disposal and the nature of the assets, it was appropriate to make orders without prior notice to the defendant.

Court Disposition

Restraining orders granted as sought by the Plaintiff.

Orders

  • Pursuant to section 10A of the Criminal Assets Recovery Act 1990, no person may deal with any interest in property of Van Duc Tran, including specified property.
  • Van Duc Tran to be examined on oath before a Registrar as to his affairs including property interests.