New South Wales Crime Commission v Thi Bich Tram Nguyen [2013] NSWSC 1913

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Thi Bich Tram Nguyen [2013] NSWSC 1913 Hearing dates: 13 December 2013 Decision date: 13 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 Thi Bich Tram Nguyen, including the interest in property in the property specified in Schedule One hereto. 2. Pursuant to section 12(1)(b)(i) of the Criminal Assets Recovery Act 1990 Thi Bich Tram Nguyen 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. 3. Pursuant to section 12(1)(b)(ii) of the Criminal Assets Recovery Act 1990 Van Tan Nguyen shall be examined on oath before a Registrar of the Court concerning the affairs of Thi Bich Tram Nguyen, including the nature and location of any property in which Thi Bich Tram Nguyen has an interest. 4. Leave is granted to the Plaintiff to obtain from the Registry dates for the examinations ordered in Orders 2 and 3 above. 5. Pursuant to section 12(1)(c1) of the Criminal Assets Recovery Act 1990 Thi Bich Tram Nguyen shall furnish to the Plaintiff, within twenty one (21) days after service of a sealed copy of these orders on Thi Bich Tram Nguyen, a statement verified by oath of Thi Bich Tram Nguyen setting out the particulars sought in Schedule Two hereto. 6. Liberty is granted to the Plaintiff and Thi Bich Tram Nguyen to apply on three (3) days' notice. 7. The costs of obtaining these orders shall be costs in the cause. 8. 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 - persons with property other than the offender - 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) Thi Bich Tram Nguyen (Defendant) Representation: Counsel: E Goh (Plaintiff) No appearance (Defendant) Solicitors: New South Wales Crime Commission (Plaintiff) No appearance (Defendant) File Number(s): 2013/377075