NSW CRIME COMMISSION v SONG [2000] NSWSC 575

New South Wales Supreme Court

CITATION : NSW CRIME COMMISSION v SONG [2000] NSWSC 575 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 11287/00 HEARING DATE(S) : 26 May 2000 JUDGMENT DATE : 26 May 2000

New South Wales Crime Commission

PARTIES : v

Suk Joon Song JUDGMENT OF : Adams J at 1

COUNSEL : Mr Ian Temby QC (ex parte) (Applicant) SOLICITORS : Mr J M Giorgiutti (Applicant) Criminal Assets Recovery Act 1990 LEGISLATION CITED : Crimes Act 1900 Theft Act 1968 (UK) CASES CITED : AG's Reference (No 2 of 1982) 1984 1 QB 624 R v Long (1989) 44 A Crim R 416 DECISION : Application refused.

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION ADAMS J FRIDAY 26 MAY 2000 11287/00 NEW SOUTH WALES CRIME COMMISSION v PROPERTY OF SUK JOON SONG

JUDGMENT

1 HIS HONOUR: This is an application made by the New South Wales Crime Commission for restraining orders under s10(3) of the Criminal Assets Recovery Act 1990. When application was first made to me as duty judge in chambers on 25 May 2000, I indicated to the solicitor then acting for the Commission that I did not consider that a suspicion of the type alleged in paragraph 2 of the affidavit of Jonathan Lee Spark sworn 25 May 2000 had been established as reasonable. Although at that time I rejected the application, I had it in mind that it might be renewed on explanation being given of the reasons for my refusal. 2 Mr Temby, of Queens Counsel, has renewed the application today. I state, to make the matter clear, that I heard this application ex parte in accordance with the usual procedure. 3 The material paragraph of the affidavit states as follows: - "I suspect that Suk Joon Song ("Song") has engaged in a serious crime related activity or serious crime related activities (within the meaning of "serious crime related activity" as defined in section 6 of the Act) namely director fraudulently appropriating property, contrary to section 173 of the Crimes Act 1900 and money laundering contrary to section 73 of the Confiscation of Proceeds of Crime Act 1989."