NSW Crime Commission v Pham [2014] NSWSC 277

Supreme Court New South Wales

Medium Neutral Citation: NSW Crime Commission v Pham [2014] NSWSC 277 Hearing dates: 14 March 2014 Decision date: 18 March 2014 Jurisdiction: Common Law Before: Schmidt J Decision: Consent orders made. Catchwords: CRIMINAL LAW - procedure - Criminal Assets Recovery Act 1990 - consent orders Legislation Cited: Criminal Assets Recovery Act 1990 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Category: Procedural and other rulings Parties: New South Wales Crime Commission (Plaintiff) Huy Thanh Hung Pham Representation: Solicitors: Ms E Goh NSW Crime Commission File Number(s): 2012/101113 Publication restriction: None

Judgment 1These proceedings were commenced by summons filed in March 2012. On 28 March, Davies J made ex parte orders pursuant to s 10A and other provisions of the Criminal Assets Recovery Act 1990 (NSW), restraining the defendant from taking certain steps in relation to property described in the schedules to the summons, being satisfied that there were reasonable grounds for suspicion that the defendant had engaged in a serious crime related activity, namely the supply of the prohibited drug ecstasy contrary to s 25 of the Drug Misuse and Trafficking Act 1985 (NSW). 2On 14 March 2014, the parties ask the Court to make consent orders in terms which have been filed. Thereby the defendant warrants that his only interest in property at the date of signing the orders is that specified in the schedules to the order. 3The plaintiff has conducted investigations which indicate that the proceeds derived by the defendant's illegal activities, that took place no more than 6 years before the application for the order, would exceed $90,000. 4Amongst other things the orders which are proposed contemplate that the defendants' reasonable legal costs of $10,000 be paid out of the defendant's property; that some $90,000 be paid to the Treasurer; and that a property at Cabramatta be sold, charged, mortgaged, leased or otherwise used to raise finance to enable the proceeds assessment order to be satisfied. 5The consent orders also note that in consideration of the orders being made, the defendant releases the Crown and the plaintiff from any claim for damages in consequence of the making of the restraining order or otherwise; agrees not to make any further application under s10D(1), while the proceeds assessment order remains unsatisfied; and that under s 31, until satisfied, the defendant's interest in property is charged to the Crown to the extent necessary to secure payment of the order. 6Having considered the circumstances in which the parties seek the making of the proposed consent orders, the terms of the orders themselves and the matters there referred to, I am satisfied that justice dictates that the Court's powers be exercised to make orders in the terms agreed. 7For those reasons, I made orders in terms of the consent orders filed on 14 March 2014.