New South Wales Crime Commission v Nghiem [2016] NSWSC 663

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Nghiem [2016] NSWSC 663 Hearing dates: On the papers Date of orders: 04 May 2016 Decision date: 24 May 2016 Jurisdiction: Common Law Before: Wilson J Decision: 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 to otherwise 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 Tien Cuong Nghiem, including the interest in property in the property specified in Schedule One hereto but excluding the interest in property in the property specified in Schedule Two hereto. 2. Pursuant to section 12(1)(b)(i) of the Criminal Assets Recovery Act 1990 Tien Cuong Nghiem 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 section 12(1)(c1) of the Criminal Assets Recovery Act 1990 Tien Cuong Nghiem shall furnish to the Plaintiff, within twenty one (21) days after service of a sealed copy of these orders on Tien Cuong Nghiem, a statement verified by oath of Tien Cuong Nghiem setting out the particulars sought in Schedule Three hereto. 5. Liberty is granted to the Plaintiff and Tien Cuong Nghiem to apply on three (3) days' notice. 6. The costs of obtaining these orders shall be costs in the cause. 7. 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. Catchwords: PROCEDURE – civil – Criminal Assets Recovery Act 1990 – restraining order Legislation Cited: Crimes Act 1900 (NSW) Criminal Assets Recovery Act 1900 (NSW) Drugs Misuse and Trafficking Act 1985 (NSW) Category: Procedural and other rulings Parties: NSW Crime Commission (Plaintiff) Tien Cuong Nghiem (Defendant) Representation: Ms E Goh (NSW Crime Commission) Ex parte File Number(s): 2016/ 136798 Publication restriction: None