New South Wales Crime Commission v Tran [2015] NSWSC 542

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Tran [2015] NSWSC 542 Hearing dates: 7 May 2015 Date of orders: 11 May 2015 Decision date: 11 May 2015 Jurisdiction: Common Law Before: Campbell J Decision: My orders are: Adjourn the proceedings to Tuesday, 9th June 2015 for the pronouncement of the Consent Orders agreed between the plaintiff and the first defendant; Direct the fourth defendant to file any cross-claim seeking orders under ss 24, 25 or 26 of the Criminal Assets Recovery Act 1990 by Friday, 5th June 2015 in which regard time shall be of the essence. Costs of this application reserved. Catchwords: PROCEDURE – civil – confiscation of criminal proceeds – objection to consent orders made by another party – whether party can object before consent orders are made – whether other party is a person "whose interest in property will be subject to" the order – appropriate steps for Court to take - whether consent orders should be made without hearing from the other party as to their interest

STATUTORY INTERPRETATION – Criminal Assets Recovery Act 1990 (NSW) – interaction of ss 23, 24, 25 with making of consent orders under s 62 Legislation Cited: Criminal Assets Recovery Act 1990 (NSW); Criminal Assets Recovery Amendment Act 2009 (NSW); Crime Commission Act 2012 (NSW); Family Law Act 1975 (Cth) Cases Cited: Black Uhlans Inc v State of New South Wales (McInerney J, 5 December 1996, unreported); Cox v Journeaux [No2] [1935] HCA 48; 52 CLR 713 International Finance Trust Company v New South Wales Crime Commission (No 2) [2010] NSWCA 46; James Hardie & Co v Seltsam Pty Ltd [1998] HCA 78; 196 CLR 53; Liu v New South Wales Crime Commission [2007] NSWCA 347; 179 A Crime R 58; New South Wales Crime Commission v Cook [2011] NSWSC 1348; 82 NSWLR 1; New South Wales Crime Commission v Greer [2000] NSWSC 363; 112 A Crim R 461; New South Wales Crime Commission v Kelly [2003] NSWCA 245; 58 NSWLR 71; New South Wales Crime Commission v Keen [2005] NSWSC 1151; 64 NSWLR 515; New South Wales Crime Commission v Ollis [2006] NSWCA 76; 65 NSWLR 478; New South Wales Crime Commission v Young (Badgery-Parker J, 10 August 1992, unreported); Oceanic Crest Shipping Co v Pilbara Harbour Services Pty Ltd (1986) 160 CLR 626; RD Werner & Co Inc v Bailey Aluminium Products Pty Ltd (1988) 18 FCR 389; Thomson Australian Holdings Pty Ltd v Trade Practices Commission (1981) 148 CLR 150; Walter H Wright Pty Ltd v The Commonwealth [1958] VR 318 Category: Procedural and other rulings Parties: New South Wales Crime Commission (Plaintiff); Brendon Phong Tran (First Defendant) Thi Puoc Vo (Second Defendant) Kim Christine Phuong Tran (Third Defendant) Donna Lee Tran (Fourth Defendant) Representation: Counsel: R Bhalla (Plaintiff); P Boulten SC (First Defendant) P W Bates (Fourth Defendant) Solicitors: NSW Crime Commission (Plaintiff); William O'Brien & Ross Hudson Solicitors (First Defendant) Taylor & Scott Lawyers (Fourth Defendant) File Number(s): 2011/293013