New South Wales Crime Commission v Vu (No 2) [2015] NSWSC 1064

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Vu (No 2) [2015] NSWSC 1064 Hearing dates: 3 August 2015 Decision date: 04 August 2015 Jurisdiction: Common Law Before: Button J Decision: (1) Pursuant to s 30(1) of the Criminal Assets Recovery Act 1990 (NSW), the New South Wales Trustee and Guardian must pay to the Treasurer of New South Wales an amount sufficient to discharge the defendant's debt arising from the proceeds assessment order made on 29 February 2009 from the net proceeds of the sale of the defendant's interest in property restrained in these proceedings. (2) Pursuant to s 30(2)(a) of the Criminal Assets Recovery Act, the New South Wales Trustee and Guardian is to sell the interest of the defendant in the property specified in Schedule One of the orders made in these proceedings on 29 November 2013. (3) The applicant is entitled to vacant possession of the real property situated at and known as X XXXX XXXX, Bankstown NSW, folio identifier 7/SPXXXXX ("the Bankstown unit"), at and from 5:00 pm seven weeks from today, that is, on 22 September 2015. (4) The applicant has leave to issue a writ of possession in respect of the Bankstown unit, with execution of such writ stayed until 5:00 pm on 22 September 2015. (5) The defendant is to pay all rates, taxes and insurance in respect of any period of occupation of the Bankstown unit after 5:00 pm on 22 September 2015, until she vacates the property. (6) The defendant is to deliver the keys and control of the 2007 Subaru Tribeca vehicle, registration number XXXXXX, to the applicant by 5:00 pm on 5 August 2015. (7) Pursuant to s 30(2)(b) of the Criminal Assets Recovery Act, the Chief Executive Officer of the New South Wales Trustee and Guardian, and any authorised delegate appointed in accordance with s 9(2) of the NSW Trustee and Guardian Act 2009 (NSW), are appointed to execute any deed or instrument in the name of the defendant and to do all things necessary to give validity and operation to the deed or instrument. (8) The defendant must pay the costs of the Trustee as agreed or assessed. Catchwords: CRIMINAL LAW – proceeds of crime – proceeds assessment order obtained by the New South Wales Crime Commission – whether the NSW Trustee and Guardian should be permitted to sell real and personal property pursuant to the assessment order – whether the NSW Trustee and Guardian should have vacant possession of the property – whether occupation fee should be paid Legislation Cited: Criminal Assets Recovery Act 1990 (NSW), ss 10B(2), 27, 28(3), 30, 30(1), 30(2)(a), 30(2)(b), 30(4)(a) NSW Trustee and Guardian Act 2009 (NSW), s 9(2) Cases Cited: New South Wales Crime Commission v Vu [2012] NSWSC 129 Vu v New South Wales Crime Commission [2013] NSWCA 282 Category: Principal judgment Parties: NSW Trustee & Guardian (applicant) Thi Thanh Huong Vu (respondent) Representation: Counsel: M Pringle (applicant)