New South Wales Crime Commission v Shen [2015] NSWSC 947

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Shen [2015] NSWSC 947 Hearing dates: 15 July 2015 Date of orders: 15 July 2015 Decision date: 15 July 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 15 July 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, (except as provided in Orders 2, 3 and 4 below), 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 Li Ming Shen, including his interest in the property specified in Schedule One hereto ("the restraining order").

2. Pursuant to subsection 12 (1) of the Criminal Assets Recovery Act 1990 the restraining order be varied to allow Li Ming Shen or any other person ("the vendor") to deal with the interest of Li Ming Shen in the property specified in Schedule One hereto ("the Parramatta property") for the purpose either of completing the sale of the Parramatta property or of selling the Parramatta property at a price agreed in writing by the Plaintiff ("the sale of the Parramatta property").