New South Wales Crime Commission v Le [2022] NSWSC 219

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Le [2022] NSWSC 219 Hearing dates: 24 February 2022 Date of orders: 24 February 2022 Decision date: 24 February 2022 Jurisdiction: Common Law Before: Dhanji J Decision: Orders made. Catchwords: CRIMINAL LAW – proceeds of crime – restraining orders – ex parte – orders made Legislation Cited: Drug Misuse and Trafficking Act 1985 (NSW) Criminal Assets Recovery Act 1990 (NSW) Category: Procedural rulings Parties: New South Wales Crime Commission (Plaintiff) Akaluk Le (Defendant) Representation: Solicitors: New South Wales Crime Commission (Plaintiff) File Number(s): 2022/55509 Publication restriction: Nil

EXTEMPORE Judgment 1. HIS HONOUR: Leave has been given to the plaintiff to file in court a summons seeking various orders against Mr Le ("the defendant"). Certain of those orders are sought ex parte today, in particular a restraining order against certain property pursuant to s 10A of the Criminal Assets Recovery Act 1990 (NSW). The summons also sought ex parte orders with respect to the examination of the defendant on oath with respect to his financial affairs, however, as a result of an indication by me questioning the need for such an order to be made ex parte, those orders were not pressed. In relation to the application for a restraining order, I am of the view that there is a proper basis for seeking, and ultimately making, those orders on an ex parte basis. 2. The application for the restraining order is supported by an affidavit of Ms Katie Elaine Bourne of 23 February 2022. That affidavit establishes that Ms Bourne is an authorised officer for the purposes of the Act and that she suspects the defendant of having engaged in serious crime-related activity, namely, the supply of a prohibited drug in not less than the commercial quantity contrary to provisions of the Drug Misuse and Trafficking Act 1985 (NSW). 3. Ms Bourne provides the basis for her suspicions which, in short, are that she has been provided with, and accepts the contents of a police Facts Sheet that describes serious criminal activity suspected to have been engaged in by the defendant. Ms Bourne has also ascertained that the defendant has been charged with the offences described in the Facts Sheet. 4. I am satisfied that there are reasonable grounds for Ms Bourne's suspicion that the defendant has engaged in serious crime-related activity. Consequently, I am of the view that the restraining order sought should be made. 5. I make orders 1, 4, 6, 7, 8 and 9 of the draft orders provided by the plaintiff. I note that I make those orders on the basis that the plaintiff has given the usual undertaking as to damages.