New South Wales Crime Commission v Sun [2015] NSWSC 494

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Sun [2015] NSWSC 494 Hearing dates: 28 April, 29 April and 30 April 2015 Date of orders: 30 April 2015 Decision date: 30 April 2015 Jurisdiction: Common Law Before: Adamson J Decision: 1. This trial be aborted and returned to the list to be listed before another Judge for hearing.

2. Each party pay its or her, as the case may be, own costs of this hearing.

3. The matter be referred to the List Manager to be allocated the next available hearing date suitable to the parties with priority. Catchwords: ADMINISTRATIVE LAW – credibility of witness – second defendant gave evidence through translator – whether choice of words by translator created misleading impression of second defendant's evidence and attitude – risk of unfair hearing – reasonable apprehension of bias – trial aborted Legislation Cited: Crimes Act 1900 (NSW), 178BB Criminal Assets Recovery Act 1990 (NSW), ss 6, 27 Cases Cited: Ebner v Official Trustee in Bankruptcy [2000] HCA 63; 205 CLR 337 Onassis v Vergottis [1968] 2 Lloyds Rep 403 Re Refugee Review Tribunal; Ex Parte H [2001] HCA 28 SZRMQ v Minister for Immigration and Border Protection [2013] FCAFC 142; 219 FCR 212 Category: Principal judgment Parties: New South Wales Crime Commission (Plaintiff) Andrew Sun (First Defendant) Xiao Yan Xu (Second Defendant) Representation: Counsel: C Dobraszczyk (Plaintiff) G Wendler (Second Defendant)