Supreme Court New South Wales Medium Neutral Citation: New South Wales Crime Commission v Huang [2014] NSWSC 642 Hearing dates: 20 May 2014 Decision date: 20 May 2014 Jurisdiction: Common Law Before: Schmidt J Decision: Consent orders made Catchwords: CRIMINAL LAW - procedure - Criminal Assets Recovery Act 1990 (NSW) - consent orders Legislation Cited: Civil Procedure Act 2005 (NSW) Crimes Act 1900 (NSW) Criminal Assets Recovery Act 1990 (NSW) Category: Procedural and other rulings Parties: New South Wales Crime Commission (Plaintiff) Mei Ling Huang (First Defendant) Jie Xu (Second Defendant) Representation: Solicitors: Ms A Miranda New South Wales Crime Commission (Plaintiff) File Number(s): 2009/293510 Publication restriction: None EX TEMPORE Judgment 1These proceedings were commenced by summons in March 2008, supported by an affidavit sworn by Mr Spark, the NSW Crime Commission's then Assistant Director, Financial Investigations, who deposed to his suspicions that the defendants, Mei Ling Huang and Jie Xu, had engaged in serious crime related activity, namely, obtaining money by deception, contrary to s 178BA of the Crimes Act 1900 (NSW), for reasons there explained. 2In March 2009, pursuant to a further summons filed with leave, restraining and other orders were made by Simpson J under s 10 and s 27 of the Criminal Assets Recovery Act 1990 (NSW), in respect of the defendants' interests in certain property. 3In October 2012, further forfeiture and unexplained wealth orders were pursued under s 22 and s 28A of the Criminal Assets Recovery Act by way of an amended summons. The matter is listed for hearing on 2 June 2014. 4The parties now ask the Court to make orders under s 28A of the Criminal Assets Recovery Act, following investigations which the Crime Commission indicated that the value of the defendants' unexplained wealth exceeds $475,000 each. The orders require the defendants to pay that sum to the Treasurer and permit specified interests in property of the two defendants to be applied in satisfaction of the unexplained wealth order, in terms agreed. Various consequential orders under s 10B and s 12 of the the Criminal Assets Recovery Act, and s 101 of the Civil Procedure Act 2005 (NSW) (as to interest) have also been agreed. Various other agreements have been reached, the terms of which are noted in the proposed order. 5Having considered the terms of the orders sought, the other agreements which the parties have entered and the circumstances in which they have been reached, I am satisfied that the Court's discretion should be exercised in the terms to which the parties have agreed. 6Accordingly, I make orders in the agreed terms, with the result that the hearing fixed to commence on 2 June 2014 is vacated. ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 22 May 2014