New South Wales Crime Commission v Vu [2012] NSWSC 129

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Vu [2012] NSWSC 129 Hearing dates: 31 January 2012, 1 February 2012, 2 February 2012 Decision date: 29 February 2012 Jurisdiction: Common Law Before: Johnson J Decision: 1. The Defendant is ordered to pay to the Treasurer the amount of $922,738.00 by way of a proceeds assessment order under ss.27 and 28(3) Criminal Assets Recovery Act 1990 . 2. The Defendant is to pay the Plaintiff's costs of the proceedings. Catchwords: CONFISCATION - application for proceeds assessment order under Criminal Assets Recovery Act 1990 - whether Defendant had engaged in serious crime-related activity - obtaining financial advantage by false or misleading statement contrary to s.178BB Crimes Act 1900 - provision of false employment documents in support of loan application - proper foundation for order established - assessment of order - evidence of Defendant's expenditure over six-year period - onus on Defendant under s.28(3) to establish that expenditure was funded from sources unrelated to an illegal activity or activities - Defendant fails to discharge onus - quantum of order calculated under s.28(3) - order made Legislation Cited: Criminal Assets Recovery Act 1990 Crimes Act 1900 Evidence Act 1995 Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: New South Wales Crime Commission v Kelaita [2008] NSWCA 284; 75 NSWLR 564 International Finance Trust Company Limited v New South Wales Crime Commission [2009] HCA 49; 240 CLR 319 Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336 Amalgamated Television Services Pty Limited v Marsden [2002] NSWCA 419 Palmer v Dorman [2005] NSWCA 361 Director of Public Prosecutions (Cth) v Xu [2010] NSWSC 842; 202 A Crim R 279 Browne v Dunn (1894) 6 R 67 Khamis v R [2010] NSWCCA 179; 203 A Crim R 121 National Australia Bank Limited v Thirup [2011] NSWSC 911 New South Wales Crime Commission v Elie Akiki (Greg James J, unreported, 3 December 2002) Jones v Dunkel [1959] HCA 8; 101 CLR 298 Manly Council v Byrne [2004] NSWCCA 123 Goodrich Aerospace Pty Limited v Arsic [2006] NSWCA 187; 66 NSWLR 186 Texts Cited: --- Category: Principal judgment Parties: New South Wales Crime Commission (Plaintiff) Thi Thanh Houng Vu (Defendant) Representation: Mr ID Temby QC (Plaintiff) Mr P Tran (Defendant's Solicitor) NSW Crime Commission (Plaintiff) Tran Solicitors and Attorneys (Defendant) File Number(s): 2009/296863 Publication restriction: ---