New South Wales Crime Commission v Vu (No 2) [2015] NSWSC 1064

New South Wales Crime Commission v Vu (No 2) [2015] NSWSC 1064

The orders for sale of real and personal property, vacant possession, delivery of keys, and payment of costs are appropriate enforcement measures ancillary to the proceeds assessment order, justified by the statutory scheme of the Criminal Assets Recovery Act 1990 (NSW) and the previous determination of liability and quantum by the NSW Supreme Court and Court of Appeal.

Jurisdiction
Australia
Judgment Date
04 August 2015
Procedural Posture
Application Pursuant to S 30 of the Criminal Assets Recovery Act 1990 (nsw) / Post Proceeds Assessment Order, Enforcement
Outcome
Orders made for sale of real and personal property, vacant possession, writ of possession, delivery of vehicle keys, payment of rates, taxes and insurance, execution of instruments, and payment of costs by defendant.
Legal Topics
['proceeds Assessment Order' 'sale of Restrained Property' 'vacant Possession' 'costs']
['criminal Law' 'proceeds of Crime'] ['proceeds Assessment Order' 'sale of Restrained Property' 'vacant Possession' 'costs']

Case Brief

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Procedural Posture

Application Pursuant to S 30 of the Criminal Assets Recovery Act 1990 (nsw) / Post Proceeds Assessment Order, Enforcement

Legal Issues

  1. 1 ['Whether the NSW Trustee and Guardian should be permitted to sell real and personal property pursuant to a proceeds assessment order' 'Whether the NSW Trustee and Guardian should have vacant possession of the property' 'Whether the defendant should pay an occupation fee']

Ratio Decidendi

The orders for sale of real and personal property, vacant possession, delivery of keys, and payment of costs are appropriate enforcement measures ancillary to the proceeds assessment order, justified by the statutory scheme of the Criminal Assets Recovery Act 1990 (NSW) and the previous determination of liability and quantum by the NSW Supreme Court and Court of Appeal.

Court Disposition

Orders made for sale of real and personal property, vacant possession, writ of possession, delivery of vehicle keys, payment of rates, taxes and insurance, execution of instruments, and payment of costs by defendant.

Orders

  • ["NSW Trustee and Guardian must pay to the Treasurer of NSW an amount sufficient to discharge the defendant's debt from net proceeds of sale of restrained property." 'Trustee is to sell the interest of the defendant in the property specified in Schedule One of orders made in these proceedings on 29 November 2013.'...