New South Wales Crime Commission v Brendon Phong Tran (No. 2) [2013] NSWSC 1854

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Brendon Phong Tran (No. 2) [2013] NSWSC 1854 Hearing dates: 11 December 2013 Decision date: 11 December 2013 Jurisdiction: Common Law Before: Davies J Decision: 1. Pursuant to Rule 6.24 of the Uniform Civil Procedure Rules 2005 Thi Phuoc Vo be joined as the Second Defendant to these proceedings. 2. Pursuant to Rule 6.24 of the Uniform Civil Procedure Rules 2005 Kim Christine Tran be joined as the Third Defendant to these proceedings 3. Pursuant to Rule 6.24 of the Uniform Civil Procedure Rules 2005 Donna Lee Tran be joined as the Fourth Defendant to these proceedings 4. Pursuant to section 10A of the Criminal Assets Recovery Act 1990 no person (other than any registered mortgagee dealing with its right to do so under the registered mortgage) is to dispose of, or attempt to dispose of, or otherwise deal with or attempt to otherwise deal with any interest in property (within the meaning of "interest in property" as defined in section 7 of the Criminal Assets Recovery Act 1990) of Thi Phuoc Vo, including the interest in property in the property specified in Schedule One hereto. 5. Pursuant to section 10A of the Criminal Assets Recovery Act 1990 no person (other than any registered mortgagee dealing with its right to do so under the registered mortgage) is to dispose of, or attempt to dispose of, or otherwise deal with or attempt to otherwise deal with any interest in property (within the meaning of "interest in property" as defined in section 7 of the Criminal Assets Recovery Act 1990) of Kim Christine Tran, including the interest in property in the property specified in Schedule Two hereto. 6. Pursuant to section 10A of the Criminal Assets Recovery Act 1990 no person (other than any registered mortgagee dealing with its right to do so under the registered mortgage) is to dispose of, or attempt to dispose of, or otherwise deal with or attempt to otherwise deal with any interest in property (within the meaning of "interest in property" as defined in section 7 of the Criminal Assets Recovery Act 1990) of Donna Lee Tran, including the interest in property in the property specified in Schedule Three hereto. 7. Pursuant to section 12(1) of the Criminal Assets Recovery Act 1990 Thi Phuoc Vo shall be examined on oath before a Registrar of the Court concerning her affairs, including the nature and location of any property in which she has an interest. 8. Pursuant to section 12(1) of the Criminal Assets Recovery Act 1990 Kim Christine Tran shall be examined on oath before a Registrar of the Court concerning her affairs, including the nature and location of any property in which she has an interest. 9. Pursuant to section 12(1) of the Criminal Assets Recovery Act 1990 Donna Lee Tran shall be examined on oath before a Registrar of the Court concerning her affairs, including the nature and location of any property in which she has an interest. 10. Leave is granted to the Plaintiff to obtain from the Registry dates for the examinations ordered in Orders 7, 8 and 9 above. 11. Pursuant to section 12(1)(c1) of the Criminal Assets Recovery Act 1990 Thi Phuoc Vo shall furnish to the Plaintiff, within twenty one (21) days after service of a sealed copy of these orders on Thi Phuoc Vo, a statement verified by oath of Thi Phuoc Vo setting out the particulars sought in Schedule Four hereto. 12. Pursuant to section 12(1)(c1) of the Criminal Assets Recovery Act 1990 Kim Christine Tran shall furnish to the Plaintiff, within twenty one (21) days after service of a sealed copy of these orders on Kim Christine Tran, a statement verified by oath of Kim Christine Tran setting out the particulars sought in Schedule Four hereto. 13. Pursuant to section 12(1)(c1) of the Criminal Assets Recovery Act 1990 Donna Lee Tran shall furnish to the Plaintiff, within twenty one (21) days after service of a sealed copy of these orders on Donna Lee Tran, a statement verified by oath of Donna Lee Tran setting out the particulars sought in Schedule Four hereto. 14. Liberty is granted to the parties to apply on three (3) days' notice. 15. The costs of obtaining these orders shall be costs in the cause. 16. Pursuant to Rule 36.4(1)(a) of the Uniform Civil Procedure Rules 2005 these orders are to take effect as of the date hereof. Catchwords: CRIMINAL LAW - confiscation of proceeds of crime - restraining orders Legislation Cited: Crimes Act 1900 Criminal Assets Recovery Act 1990 Drug Misuse and Trafficking Act 1985 Uniform Civil Procedure Rules 2005 Category: Interlocutory applications Parties: New South Wales Crime Commission (Plaintiff) Brendon Phong Tran, Phi Phuoc Vo, Kim Christine Tran and Donna Lee Tran (Defendants) Representation: Counsel: R Katrib (Plaintiff) No appearance (Defendants) Solicitors: New South Wales Crime Commission (Plaintiff) No appearance (Defendants) File Number(s): 2011/293013