New South Wales Crime Commission v Luu [2016] NSWSC 664

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Luu [2016] NSWSC 664 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 (NSW) ("the Act") 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 Act of Thi Quyen Luu, including the interest in property in the property specified in Schedule One hereto. 2. Pursuant to section 12(1)(b)(i) of the Act Thi Quyen Luu shall be examined on oath before a Registrar of the Court concerning her affairs, including the nature and location of any property in which she 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 Act Thi Quyen Luu shall furnish to the Plaintiff, within twenty one (21) days after service of a sealed copy of these orders on Thi Quyen Luu, a statement verified by oath of Thi Quyen Luu setting out the particulars sought in Schedule Two hereto. 5. Liberty is granted to the Plaintiff and Thi Quyen Luu 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: Criminal Assets Recovery Act 1900 Drugs Misuse and Trafficking Act 1985 Uniform Civil Procedure Rules 2005 Category: Procedural and other rulings Parties: NSW Crime Commission (Plaintiff) Thi Quyen Luu (Defendant) Representation: Ms E Goh (NSW Crime Commission) Ex parte File Number(s): 2016/136790 Publication restriction: None