NEW SOUTH WALES CRIME COMMISSION -v- AMY LING YU HUANG [2002] NSWSC 1194

New South Wales Supreme Court

CITATION : NEW SOUTH WALES CRIME COMMISSION -v- AMY LING YU HUANG [2002] NSWSC 1194 revised - 18/12/2002 FILE NUMBER(S) : SC S10870/1999 HEARING DATE(S) : 4,5,6 December JUDGMENT DATE : 16 December 2002

PARTIES : New South Wales -v- Amy Ling Yu Huang JUDGMENT OF : Cooper AJ

LOWER COURT Supreme Court JURISDICTION : LOWER COURT FILE NUMBER(S) : LOWER COURT JUDICIAL OFFICER :

COUNSEL : I. Temby QC (Plaintiff/Respondant) G.Farmer (Defendant/Applicant) SOLICITORS : Gregory J Goold (Plaintiff) Watsons (Defendant) CATCHWORDS : Illegally acquired property LEGISLATION CITED : Sections 25 and 26 of the Criminal Assets Recovery Act CASES CITED : New South Wales Crime Commission -v- Gardener [2001] NSWSC 350 DECISION : 192 The Court therefore makes the following orders:-; 1. Pursuant to Section 25(4) of the Criminal Assets Recovery Act the Applicant (defendant) is granted leave to apply for an Exclusion Order pursuant to Section 25(1) of the Act excluding her interest in each of the two items of property described in Order 3 hereof from the operation of the assets forfeiture order made on 7 May 2001.; 2. Pursuant to Section 21(1) of the Criminal Assets Recovery Act the interests of the Applicant in each of the two items of property described in Order 3 is excluded from the operation of the Assets Forfeiture Order made on 7 May 2001.; 3. The two items of property referred to in these Orders are:-; (a) The whole of the property comprised in Lot 12 in Strata Plan 51479 also known as Unit 12, 11-15 Goodchap Road, Chatswood in the State of New South Wales registered in the name of Ling-Yu Huang.; (b) 1996 Toyota Sedan registered number ADO 65R registered in the name of Ling-Yu Huang.; 4. It is declared that the nature and extent of the interest in the property comprised in Lot 12 in Strata Plan 51479 also known as Unit 12, 11-15 Goodchap Road, Chatswood to which this Order relates is for an estate in fee simple subject to the existing registered mortgage in favour of Citibank.; 5. It is declared that the nature and extent of interest in the property being the 1996 Toyota Sedan registration number ADO 65R is absolute and unencumbered ownership.; 6. It is ordered that the Crown do vest in the Applicant, Ling-Yu Huang also known as Amy Ling-Yu Huang, the whole of the property described in Order 3(a).; 7. It is further ordered that the Crown do vest in the Applicant, Ling-Yu Huang also known as Amy Ling-Yu Huang, the 1996 Toyota Sedan registered number ADO 65R referred to in order 3(b).; 8. The respondent (plaintiff) is ordered to pay the Applicant's (defendant's) costs of this application.