New South Wales Crime Commission v Sie Chun Chan [2015] NSWSC 7

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Sie Chun Chan [2015] NSWSC 7 Hearing dates: 22 January 2015 Date of orders: 22 January 2015 Decision date: 22 January 2015 Jurisdiction: Common Law Before: Davies J Decision: Upon the Plaintiff giving the usual undertaking as to damages (the giving of which by its solicitor is noted) and

Considering that, having had regard to the matters contained in the affidavit of Jonathan Lee Spark sworn 19 January 2015, there are reasonable grounds for the suspicions stated therein

The Court orders:

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 otherwise to 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 Sie Chun Chan (also known as Sie Chun Anthony Chan), including his interest in the property specified in Schedule One hereto. 2.Pursuant to subparagraph 12 (1) (b) (i) of the Criminal Assets Recovery Act 1990 Sie Chun Chan (also known as Sie Chun Anthony Chan) 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. 3.Leave is granted to the Plaintiff to obtain from the Registry dates for the examination ordered in Order 2 above. 4.Pursuant to paragraph 12 (1) (e) of the Criminal Assets Recovery Act 1990 officers of the New South Wales Police Force are authorised to seize and take possession of the property specified in Schedule One hereto. 5.Pursuant to subsection 10B (2) of the Criminal Assets Recovery Act 1990 the New South Wales Trustee and Guardian shall take control of all the interest of Sie Chun Chan (also known as Sie Chun Anthony Chan) in the property specified in Schedule One hereto. 6.Pursuant to paragraph 12 (1) (d) of the Criminal Assets Recovery Act 1990 Sie Chun Chan (also known as Sie Chun Anthony Chan) shall furnish to the Plaintiff, within twenty one (21) days after service of a sealed copy of these orders on Sie Chun Chan (also known as Sie Chun Anthony Chan), a statement verified by oath or affirmation of Sie Chun Chan (also known as Sie Chun Anthony Chan) setting out the particulars sought in Schedule Two hereto. 7.Liberty is granted to the Plaintiff and Sie Chun Chan (also known as Sie Chun Anthony Chan) to apply on three (3) days' notice. 8.The costs of obtaining these orders shall be costs in the cause. 9.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.