NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Application of the New South Wales Crime Commission; In the matter of Tian [2022] NSWSC 899 Hearing dates: 17 June 2022 Date of orders: 17 June 2022 Decision date: 17 June 2022 Jurisdiction: Common Law Before: Hamill J Decision: The Court makes orders 1, 2, 6, 7, 10, 11, 12 and 13 in accordance with the short minutes of order filed by the plaintiff on 17 June 2022. Catchwords: CIVIL – confiscation of proceeds of crime – orders sought ex parte – restraining orders made – examination orders refused in circumstances of extant criminal proceedings and potential future criminal proceedings Legislation Cited: Criminal Assets Recovery Act 1990 (NSW), ss 7, 10A, 10B(2) Uniform Civil Procedure Rules 2005 (NSW), r 36.4(1)(a) Cases Cited: Lee v The Queen (2014) 253 CLR 455; [2014] HCA 20 R v Independent Broad-Based Anti-Corruption Commissioner (2016) 256 CLR 459; [2016] HCA 8 R v Kinghorn (2021) 106 NSWLR 322; [2021] NSWCCA 313 Strickland (a pseudonym) v Director of Public Prosecutions (Cth) (2018) 266 CLR 325; [2018] HCA 53 Turnbull v Office of Environment and Heritage [2021] NSWCCA 190; (2021) 290 A Crim R 458 Category: Principal judgment Parties: New South Wales Crime Commission (Plaintiff) Yuan Tian (First Defendant) Rui Zhao (Second Defendant) Representation: Counsel: S Santhikumar (Plaintiff)
Solicitors: New South Wales Crime Commission (Plaintiff) File Number(s): 2022/174910
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