New South Wales Crime Commission v Hung Sun Choi [2012] NSWSC 658

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Hung Sun Choi [2012] NSWSC 658 Hearing dates: 5 June 2012 Decision date: 15 June 2012 Before: McCallum J Decision: Orders made under the Criminal Assets Recovery Act for the examination of the defendant and for the provision of a verified statement of property Catchwords: CIVIL LAW - criminal assets recovery - application by New South Wales Crime Commission for examination of defendant and provision of verified statement of property - defendant facing serious criminal charges - whether examination order would create real risk of interference with administration of justice - risk of interference to be assessed in statutory context - application granted Legislation Cited: Australian Crime Commission Act 2002 (Cth) Civil Procedure Act 2005 Companies Act 1961 (Qld) Crimes Act 1900 Criminal Assets Recovery Act 1990 Evidence Act 1958 (Vict) Royal Commissions Act 1902 (Cth) Uniform Civil Procedure Rules 2005 Court Suppression and Non-Publication Orders Act 2010 Cases Cited: Australian Crime Commission v OK (2010) 185 FCR 258 Hamilton v Oades (1989) 166 CLR 486 Hammond v Commonwealth of Australia (1982) 152 CLR 188 NSW Crime Commission v Lee [2011] NSWSC 80 Rees v Kratzmann (1965(=) 114 CLR 63 Mortimer v Brown & Beames (1970) 122 CLR 493 Category: Interlocutory applications Parties: New South Wales Crime Commission (plaintiff) Hung Sun Choi (defendant) Representation: Counsel: R Bromwich SC for the plaintiff Mr Mark Yum for the defendant (only on adjournment application) Solicitors: New South Wales Crime Commission (plaintiff) Consolidated Lawyers (defendant) File Number(s): 2012/26772 Publication restriction: None