New South Wales Crime Commission v Thi Nga Nguyen [2023] NSWSC 130

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Thi Nga Nguyen [2023] NSWSC 130 Hearing dates: 22 February 2023 Date of orders: 22 February 2023 Decision date: 22 February 2023 Jurisdiction: Common Law Before: Davies J Decision: Upon the Plaintiff giving the usual undertaking as to damages (the giving of which by its solicitor being noted) and Considering that, having had regard to the matters contained in the affidavit of Ryan James Bull affirmed 22 February 2023 there are reasonable grounds for the suspicion stated therein The Court orders: 1. Pursuant to section 10A of the Criminal Assets Recovery Act 1990 no person (other than any registered mortgagee dealing with its right to do so under the registered mortgage) is to dispose of, or attempt to dispose of, or otherwise deal with or attempt to otherwise deal with any interest in property (within the meaning of "interest in property" as defined in section 7 of the Criminal Assets Recovery Act 1990) of Thi Nga Nguyen, including the interest in property in the property specified in Schedule One and Schedule Two hereto. 2. Pursuant to section 12(1)(b)(i) of the Criminal Assets Recovery Act 1990 Thi Nga Nguyen shall be examined on oath before a Registrar of the Court concerning her affairs, including the nature and location of any property in which she has an interest. 3. Pursuant to section 12(1)(b1) of the Criminal Assets Recovery Act 1990 Tien Manh Dinh shall be examined on oath before a Registrar of the Court concerning the affairs of Tien Manh Dinh, including the nature and location of any property in which Tien Manh Dinh or Thi Nga Nguyen has an interest. 4. Leave is granted to the Plaintiff to obtain from the Registry dates for the examinations ordered in Orders 2 and 3 above. 5. Pursuant to section 12(1)(c1) of the Criminal Assets Recovery Act 1990 Thi Nga Nguyen shall furnish to the Plaintiff, within twenty one (21) days after service of a sealed copy of these orders on Thi Nga Nguyen, a statement verified by oath of Thi Nga Nguyen setting out the particulars sought in Schedule Three hereto. 6. Liberty is granted to the Plaintiff and Thi Nga Nguyen to apply on three (3) days' notice. 7. The costs of obtaining these orders shall be costs in the cause. 8. These proceedings be listed for mention before the Common Law Registrar at 9:00am on 22 May 2023. 9. Pursuant to Rule 36.4(1)(a) of the Uniform Civil Procedure Rules 2005 these orders are to take effect as of the date hereof. SCHEDULE ONE The whole of the property described as Lot 13 in Deposited Plan 785398 at St Johns Park, Local Government Area Fairfield, Parish of St Luke, County of Cumberland, also known as 52 Runcorn Street, St Johns Park NSW 2176 and registered in the name of Thi Nga Nguyen as sole owner. SCHEDULE TWO 1. 2012 Honda Accord with New South Wales registration number BJB18P and registered in the name of Thi Nga Nguyen. 2. Funds held in Commonwealth Bank of Australia account number 213011307955 held in the name of Thi Nga Nguyen. 3. Funds held in Commonwealth Bank of Australia account number 213011276722 held in the name of Thi Nga Nguyen. 4. Funds held in St George Bank, a division of Westpac Banking Corporation, account number 442116449 held in the name of Thi Nga Nguyen. 5. Funds held in St George Bank, a division of Westpac Banking Corporation, account number 467328552 held in the name of Thi Nga Nguyen. SCHEDULE THREE 1. Provide full particulars of the nature and extent of all your interests in property (within the meaning of "interest in property" as defined in section 7 of the Criminal Assets Recovery Act 1990), including in relation to each item of property: (a) a full description of your interest in the property, including the nature of that interest and, where possible, the estimated value, or in the case of bank accounts or deposits - the estimated balance, of that interest; (b) the location of the interest; (c) the name of the person or institution in whose custody title documents in respect of the interest are believed to be; (d) the approximate date of acquisition of the interest; (e) the source of funds used to acquire the interest. 2. Provide full particulars of your liabilities on both a capital and recurring basis, including, in relation to each liability: (a) a full description of the liability including the nature of that liability and the amount of that liability; (b) the name of the person or institution to which the liability is owed. Catchwords: CRIMINAL LAW – proceeds of crime – restraining orders Legislation Cited: Criminal Assets Recovery Act 1990 (NSW) ss 4, 6, 10A, 10C, 22, 27, 28A Drug Misuse and Trafficking Act 1985 (NSW) s 25 Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Nil Texts Cited: Nil Category: Procedural rulings Parties: New South Wales Crime Commission (Plaintiff) Thi Nga Nguyen (Defendant) Representation: Counsel: S Askew - Ex parte (Plaintiff)