New South Wales Crime Commission v Wenping He [2013] NSWSC 1855

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Wenping He [2013] NSWSC 1855 Hearing dates: 11 December 2013 Decision date: 11 December 2013 Jurisdiction: Common Law Before: Davies J Decision: 1. 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 Wenping He (also known as William He), including the interest in property in the property specified in Schedules One and Two hereto. 2. Pursuant to section 10B(2) of the Criminal Assets Recovery Act 1990 the New South Wales Trustee and Guardian shall take control of all the interest of Wenping He (also known as William He) in the property specified in Schedule One hereto. 3. 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 Li Jing Yu, including the interest in property in the property specified in Schedule Three hereto. 4. Pursuant to section 10A of the Criminal Assets Recovery Act 1990 no person is to dispose of, or attempt to dispose of, or otherwise deal with or attempt to otherwise deal with the interest in property (within the meaning of "interest in property" as defined in section 7 of the Criminal Assets Recovery Act 1990) of Yi Lin He in the property specified in Schedule Four hereto. 5. Pursuant to section 10A of the Criminal Assets Recovery Act 1990 no person is to dispose of, or attempt to dispose of, or otherwise deal with or attempt to otherwise deal with the interest in property (within the meaning of "interest in property" as defined in section 7 of the Criminal Assets Recovery Act 1990) of Qiu Zi He (also known as Qui Zi He) in the property specified in Schedule Five hereto. 6. Pursuant to section 12(1)(b)(i) of the Criminal Assets Recovery Act 1990 Wenping He (also known as William He) shall be examined on oath before a Registrar of the Court concerning his affairs, including the nature and location of any property in which he has an interest. 7. Pursuant to section 12(1)(b)(i) of the Criminal Assets Recovery Act 1990 Li Jing Yu 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. Leave is granted to the Plaintiff to obtain from the Registry dates for the examinations ordered in Orders 6 and 7 above. 9. Pursuant to section 12(1)(c1) of the Criminal Assets Recovery Act 1990 Wenping He (also known as William He) shall furnish to the Plaintiff, within twenty one (21) days after service of a sealed copy of these orders on Wenping He (also known as William He), a statement verified by oath of Wenping He (also known as William He) setting out the particulars sought in Schedule Six hereto. 10. Pursuant to section 12(1)(c1) of the Criminal Assets Recovery Act 1990 Li Jing Yu shall furnish to the Plaintiff, within twenty one (21) days after service of a sealed copy of these orders on Li Jing Yu, a statement verified by oath Li Jing Yu setting out the particulars sought in Schedule Six hereto. 11. Liberty is granted to the Plaintiff, Wenping He (also known as William He), Li Jing He, YLLin He and Qiu Zi He (also known as Qui Zi He) to apply on three (3) days' notice. 12. The costs of obtaining these orders shall be costs in the cause. 13. 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 the proceeds of crime - restraining orders Legislation Cited: 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) Wenping He (also known as William He) (Defendant) Representation: Counsel: R Katrib (Plaintiff) No appearance (Defendant) Solicitors: New South Wales Crime Commission (Plaintiff) No appearance (Defendant) File Number(s): 2013/372633