NSW Crime Commission v Young [2024] NSWSC 1255

NSW Crime Commission v Young [2024] NSWSC 1255

No identifiable or admissible legal or evidentiary basis was established to stay or set aside the examination orders, which were lawfully made under the Criminal Assets Recovery Act 1990; submissions purporting to rely on foreign trust law, equitable principles, or international conventions provided no basis in law binding in New South Wales.

Parties
Plaintiff: NSW Crime Commission; Defendant: Shaun Young; Applicant: Ms Keisha Waugh
Jurisdiction
Australia
Judgment Date
31 July 2024
Procedural Posture
Notice of Motion in Crime Related Asset Forfeiture Proceedings / Interlocutory (determination of Notice of Motion to Stay or Set Aside Examination Orders)
Outcome
Notice of Motion dismissed; orders for payment of costs; examinations to proceed.
Legal Topics
Restraining Orders, Unexplained Wealth Orders, Examination Orders Under Oath, Stay of Proceedings
Criminal Law Proceeds of Crime/confiscations Procedural Law Restraining Orders Unexplained Wealth Orders Examination Orders Under Oath Stay of Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

NSW Crime Commission

Plaintiff

Shaun Young

Defendant

Ms Keisha Waugh

Applicant

Procedural Posture

Notice of Motion in Crime Related Asset Forfeiture Proceedings / Interlocutory (determination of Notice of Motion to Stay or Set Aside Examination Orders)

Legal Issues

  1. 1 Whether there is a lawful basis to stay or set aside court-ordered examinations under the Criminal Assets Recovery Act 1990
  2. 2 Whether equitable or trust law principles (under alleged foreign law) provide grounds to resist the order

Ratio Decidendi

No identifiable or admissible legal or evidentiary basis was established to stay or set aside the examination orders, which were lawfully made under the Criminal Assets Recovery Act 1990; submissions purporting to rely on foreign trust law, equitable principles, or international conventions provided no basis in law binding in New South Wales.

Court Disposition

Notice of Motion dismissed; orders for payment of costs; examinations to proceed.

Orders

  • Notice of Motion filed 26 July 2024 be, and hereby is, dismissed.
  • Applicants Mr Young and Ms Waugh to pay the costs of the NSW Crime Commission of the Notice of Motion.