New South Wales Crime Commission v Tran [2013] NSWSC 1618

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Tran [2013] NSWSC 1618 Hearing dates: 10 October 2013 Decision date: 10 October 2013 Jurisdiction: Common Law Before: Button J Decision: (1) Pursuant to s 10A of the Criminal Asserts Recovery Act 1990 no person (other than any registered mortgagee dealing with its rights to do so under the registered mortgage) is to dispose of, or attempt to dispose of, or otherwise deal with or otherwise attempt to deal with any interest in property (within the meaning of "interest in property" as defined in s 7 of the Criminal Assets Recovery Act 1990) of Tien Hung Tran, including the interest in property in the property specified in Schedule 1. (2) Liberty is granted to the plaintiff and Tien Hung Tran to apply on three days' notice. (3) The costs of obtaining these orders shall be costs in the cause. (4) Pursuant to r 36.4(1)(a) of the Uniform Civil Procedure Rules 2005, these orders are to take effect as of the date hereof. (5) The matter is stood over to be next before the Registrar on 6 November 2013. Catchwords: CONFISCATION - ex parte application for restraining order pursuant to Criminal Assets Recovery Act 1990 - whether power is mandatory - respondent convicted of obtaining electricity without authority - statutory preconditions in s 10A met -no discretion not to make order once certain matters established - orders sought made Legislation Cited: Criminal Assets Recovery Act 1990 Uniform Civil Procedure Rules 2005 Category: Principal judgment Parties: New South Wales Crime Commission (plaintiff) Tien Hung Tran (defendant) Representation: Counsel: E Goh (plaintiff) (ex parte) Solicitors: NSW Crime Commission File Number(s): 2013/303434