New South Wales Crime Commission v Le [2022] NSWSC 215

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Le [2022] NSWSC 215 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) Thi Kim Oanh Le (Defendant) Representation: Solicitors: New South Wales Crime Commission (Plaintiff) Akn & Associates Pty Ltd (Defendant) File Number(s): 2020/263629 Publication restriction: Nil

EXTEMPORE Judgment 1. HIS HONOUR: These proceedings were commenced on 10 September 2020 on which date the Court made a restraining order pursuant to s 10A of the Criminal Assets Recovery Act 1990 (NSW) ("the Act") in respect of all the interests in property of the defendant. The plaintiff by summons instituting the proceedings also sought orders forfeiting particular property, a proceeds assessment order and an unexplained wealth order. 2. The plaintiff appears today, with the consent of the representative for the defendant, and seeks orders be made by consent which will have the effect of finalising the proceedings. The short effect of the orders is the making of an assets forfeiture order, an unexplained wealth order and provision for the payment of certain amounts by way of reasonable legal expenses. I am of the view that those orders should be made. 3. Accordingly, I have signed the consent orders which have been provided to the Court, a copy of which will be stamped and placed with the court file.