New South Wales Crime Commission v See [2022] NSWSC 214

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v See [2022] NSWSC 214 Hearing dates: 24 February 2022 Date of orders: 24 February 2022 Decision date: 24 February 2022 Jurisdiction: Common Law Before: Dhanji J Decision: Consent orders made. Catchwords: CRIMINAL LAW – proceeds of crime – consent orders Legislation Cited: Criminal Assets Recovery Act 1990 (NSW) Category: Procedural rulings Parties: New South Wales Crime Commission (Plaintiff) Vich See (also known as Viceth Long) (First Defendant) Meuy Sio See (also known as Venesa Meuy See) (Second Defendant) Representation: Solicitors: New South Wales Crime Commission (Plaintiff) Abbas Jacobs Lawyers Pty Ltd (Defendants) File Number(s): 2017/335809 Publication restriction: Nil

Judgment 1. HIS HONOUR: These proceedings were commenced on 6 November 2017 seeking various orders pursuant to the Criminal Assets Recovery Act 1990 (NSW) ("the Act"). In the course of proceedings various orders have been sought and various orders made. Today, the plaintiff has approached the Court with the consent of the representative for the first and second defendants seeking orders be made by consent in the form filed with the Court. 2. The short effect of the orders sought is to set aside an earlier asset forfeiture order and make a further order pursuant to s 22 of the Act that the interest in property of the second defendant in the net proceeds of sale of the subject property be forfeited to and vest in the Crown, that order being subject to the satisfaction of previous orders with respect to reasonable legal expenses, reasonable living expenses and an outstanding amount with respect to a pecuniary penalty order. In short, as I understand it, the property will be sold, but out of the proceeds of that sale those various matters will be allowed to the defendant. 3. I am of the view that it is appropriate to make those orders. I will consequently make the orders and sign the consent orders which have been provided to the Court which will be stamped and placed with the court file.