New South Wales Crime Commission v Jason Lee [2012] NSWCA 276

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: New South Wales Crime Commission v Jason Lee [2012] NSWCA 276 Hearing dates: 9 August 2012 Decision date: 06 September 2012 Before: Beazley JA at [1]; McColl JA at [13]; Basten JA at [14]; Macfarlan JA at [84]; Meagher JA at [85] Decision: (1) In addition to the orders made by RS Hulme J in the Common Law Division on 28 February 2011 - order that the notice of motion filed by the Commission on 10 June 2010 be otherwise dismissed, such order to take effect from 28 February 2011. (2) Grant leave to appeal and direct that the appellant file within seven days a notice of appeal in the form of the draft notice contained in the white folder. (3) Allow the appeal and set aside the additional order identified in (1) above. (4) Pursuant to s 31D(1)(a) of the Criminal Assets Recovery Act 1990 (NSW), order that: (a) Jason Lee (aka Do Young Lee) be examined on oath before a registrar concerning his own affairs, including the nature and location of any property in which he has an interest, on a date and at a time to be fixed by the registrar. (b) Seong Won Lee be examined on oath before a registrar concerning the affairs of Jason Lee (aka Do Young Lee) or Elizabeth Park, including the nature and location of any property in which Jason Lee (aka Do Young Lee) or Elizabeth Park has an interest, on a date and at a time to be fixed by the registrar. (5) Order that the respondents pay the Commission's costs in this Court. (6) Grant the respondents certificates under the Suitors' Fund Act 1951 (NSW) in respect of the costs of the appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: APPEAL - civil - appeal from discretionary decision - whether Court of Appeal should intervene where Court would have exercised the discretion differently - whether powers of Court of Appeal under Supreme Court Act 1970 (NSW), s 75A constrained by House v The King [1936] HCA 40; 55 CLR 499