Chen v NSW Crime Commission [2018] NSWCA 63

Chen v NSW Crime Commission [2018] NSWCA 63

The application for leave to appeal was dismissed because the applicant failed to demonstrate any arguable error in the primary judge's finding regarding reasonable grounds for suspicion, due to lack of relevant affidavits and material. Without leave to appeal from both orders, any appeal lacked utility.

Parties
Applicant: Yan Ping Chen; Respondent: NSW Crime Commission
Jurisdiction
Australia
Judgment Date
29 March 2018
Procedural Posture
Application for Leave to Appeal / Leave to Appeal Determination
Outcome
Leave to appeal dismissed
Legal Topics
Leave to Appeal, Restraining Orders, Criminal Assets Recovery Act
Practice and Procedure Leave to Appeal Restraining Orders Criminal Assets Recovery Act

Case Brief

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Parties

Yan Ping Chen

Applicant

NSW Crime Commission

Respondent

Procedural Posture

Application for Leave to Appeal / Leave to Appeal Determination

Legal Issues

  1. 1 Whether leave to appeal should be granted in relation to restraining orders made under s 10A of the Criminal Assets Recovery Act 1990 (NSW)
  2. 2 Whether there were reasonable grounds for the authorised officer's suspicion
  3. 3 Utility of appeal unless leave granted for both orders

Ratio Decidendi

The application for leave to appeal was dismissed because the applicant failed to demonstrate any arguable error in the primary judge's finding regarding reasonable grounds for suspicion, due to lack of relevant affidavits and material. Without leave to appeal from both orders, any appeal lacked utility.

Court Disposition

Leave to appeal dismissed

Orders

  • Leave to appeal dismissed
  • Applicant pay the respondent's costs of the summons