Application of Asset Confiscation Operations, Department of Justice and Community Safety (Vic); In the matter of Zhang [2022] NSWSC 1384

Supreme Court New South Wales

Medium Neutral Citation: Application of Asset Confiscation Operations, Department of Justice and Community Safety (Vic); In the matter of Zhang [2022] NSWSC 1384 Hearing dates: 12 October 2022 Date of orders: 13 October 2022 Decision date: 13 October 2022 Jurisdiction: Common Law Before: Hamill J Decision: (1) Pursuant to s 77 of the Confiscation of Proceeds of Crime Act 1989 (NSW), the exclusion order made pursuant to s 20 of the Confiscation Act 1997 (Vic) by Judge Hinchey on 26 August 2022 in the County Court of Victoria in Proceedings No. CI-20-05262 against the real property of Yi ZHANG situated at XXXXXXXXXX, Kingsford, New South Wales (as more particularly described in the Certificate of Title for Lot C in deposited plan XXXXXXX), is registered. Catchwords: CIVIL – proceeds of crime – registration of interstate order excluding certain property from Victorian restraining order made – whether an exclusion order is an "amendment" to a restraining order – application determined in the absence of the public and both parties – order registered in NSW Legislation Cited: Confiscation Act 1997 (Vic), ss 20, 21, 22, 22A Confiscation of Proceeds of Crimes Act 1989 (NSW), ss 77, 80 Uniform Civil Procedure Rules 2005, Sch 10, Pt 1, r 7(3) Category: Principal judgment Parties: Asset Confiscation Operations, Department of Justice and Community Safety (Vic) (Plaintiff) Yi Zhang (Defendant) Representation: Solicitors: Solicitor for Public Prosecutions (Plaintiff) File Number(s): 2020/350452 Publication restriction: Unique personal identifiers have been redacted.