New South Wales Crime Commission v Jason Lee [2011] NSWSC 1037

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Jason Lee [2011] NSWSC 1037 Hearing dates: 18/08/2011 Decision date: 18 August 2011 Jurisdiction: Common Law Before: Garling J Decision: 1) Application dismissed. 2) The plaintiff to pay the costs of the defendants. Catchwords: CRIMINAL LAW - Criminal Assets Recovery Act 1990 - Notice of motion seeking orders for the examination of first and fourth defendants refused - Current notice of motion seeks same examination orders and includes non-publication order application - Whether orders sought constitute revisiting of orders formerly sought by the notice of motion or before Court of Appeal - Non-publication orders are relevantly identical under s 62 of the Criminal Assets Recovery Act and s 7 of the Court Suppression and non-publication Orders Act - No change in circumstance - Application constitutes abuse of process - Application dismissed Legislation Cited: Criminal Assets Recovery Act 1990 Court Suppression and Non-publication Orders Act 2010 Cases Cited: D A Christie Pty Ltd v Baker [1996] 2 VR 582 National Parks and Wildlife Service v Pierson (2002) 55 NSWLR 315 Nominal Defendant v Manning (2000) 50 NSWLR 139 Texts Cited: Nil Category: Interlocutory applications Parties: New South Wales Crime Commission (P1) Jason Lee (D1) Seong Won Lee (D4) Representation: Counsel: R Bromwich SC (P) M Thangaraj SC / G Jones (D1) G Jones (D4) Solicitors: NSW Crime Commission (P) Nyman Gibson Stewart (D1, D4) File Number(s): SC 2010/118966 Publication restriction: Nil