New South Wales Crime Commission v Brendon Phong Tran (No. 1) [2013] NSWSC 1853

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Brendon Phong Tran (No. 1) [2013] NSWSC 1853 Hearing dates: 11 December 2013 Decision date: 11 December 2013 Jurisdiction: Common Law Before: Davies J Decision: The order made on 9 September 2011 is varied in terms of the order contained in the Notice of Motion dated 10 December 2013: 1. Pursuant to Rule 36.16 of the Uniform Civil Procedure Rules 2005 the orders made by the Court on 9 September 2011 in these be varied to insert after Item 4 of the Schedule to those orders, the following: "5. The whole of the property described as Lot 30 on Deposited Plan 19858 in Certificate of Title Volume 2007 Folio 317 also known as 19 Covent Gardens, Stirling, Western Australia and registered in the name of Thi Kim Phuong Tran. 6. The whole of the property described as Lot 104 on Deposited Plan 41027 in Certificate of Title Volume 2589 Folio 868 also known as 162 Kingsway Darch, Western Australia and registered in the name of Brendon Phong Tran. 7. The whole of the property described as Lot 30 on Diagram 8285 in Certificate of Title Volume 1009 Folio 533 also known as 407 Charles Street, North Perth, Western Australia and registered in the name of Brendon Phong Tran. 8. The whole of the property described as Lot 27 on Deposited Plan 3488 in Certificate of Title Volume 816 on Folio 77 also known as 3 Goldsmith Road, Spearwood, Western Australia and registered in the names of Brendon Phong Tran, Donna Tran and Thi Phuoc Vo as joint tenants. 9. The whole of the property described as Lot 339 on Deposited Plan 50347 in Certificate of Title Volume 2649 Folio 131 also known as 339 Casuarina Drive, Nilgen, Western Australia and registered in the names of Brendon Phong Tran and Thi Kim Phuong Tran as joint tenants." 2. This order is to take effect as at the time and date of the making of the orders made on 9 September 2011 that are hereby varied. Catchwords: CRIMINAL LAW - confiscation of criminal proceeds - variation of orders Legislation Cited: Criminal Assets Recovery Act 1990 Uniform Civil Procedure Rules Category: Interlocutory applications Parties: New South Wales Crime Commission (Plaintiff) Brendon Phong Tran (Defendant) Representation: Counsel: R Katrib (Plaintiff) No appearance (Defendants) Solicitors: New South Wales Crime Commission (Plaintiff) No appearance (Defendants) File Number(s): 2011/293013