DPP (Cth) v Tan & Anor [2004] NSWSC 856

New South Wales Supreme Court

CITATION : DPP (Cth) v Tan & Anor [2004] NSWSC 856 HEARING DATE(S) : 08/09/04 JUDGMENT DATE : 8 September 2004

JUDGMENT OF : Shaw J DECISION : In the absence of any clear prohibition or necessary implication that the applicant cannot adduce relevant evidence in support of its case, I decline to rule in an umbrella or universal way that the evidence should be excluded. Of course, I would entertain applications with respect to particular aspects of the admissibility of the evidence. Accordingly, on an interlocutory basis, I allow the applicant for revocation to read the affidavits that she has filed and served, and to adduce other relevant evidence which she may seek to tender.

CATCHWORDS : Application to revoke a restraining order pursuant to s42 of the Proceeds of Crime Act 2002 (Cth) - Whether pre-existing order for the restraint may be revoked pursuant to s42(5) of the Proceeds of Crime Act 2002 (Cth) LEGISLATION CITED : Proceeds of Crime Act 2002 (Cth) s42 Garrard t/as Arthur Anderson & Co v Email Furniture Pty Ltd (1993) 32 NSWLR 662 CASES CITED : Houssein v Under Secretary of Industrial Relations and Technology (NSW) (1982) 148 CLR 88 at 94 NSW Crime Commission v Davies [1999] NSWSC 354 Thomas A Edison Ltd v Bullock (1912) 15 CLR 679 PARTIES : Commonwealth Director of Public Prosecutions Dante Tan & Anor FILE NUMBER(S) : SC 11461/03 COUNSEL : G Jones - Applicant P Hastings QC - Respondent Crown SOLICITORS : B Clark - Applicant T Muir - Respondent Crown

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