Supreme Court New South Wales Medium Neutral Citation: NSW Crime Commission v Yeung [2016] NSWSC 1878 Hearing dates: 13 December 2016 Date of orders: 13 December 2016 Decision date: 13 December 2016 Jurisdiction: Common Law Before: Campbell J Decision: 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 Ka Kit Yeung, including the interest in property in the property specified in Schedule One hereto. Pursuant to section 12(1)(b)(i) of the Criminal Assets Recovery Act 1990 Ka Kit Yeung 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. Leave is granted to the Plaintiff to obtain from the Registry dates for the examination ordered in Order 2 above. Pursuant to section 10B(2) of the Criminal Assets Recovery Act 1990 the New South Wales Trustee and Guardian shall take control of all the interest of Ka Kit Yeung in the property specified in Schedule One hereto. Pursuant to section 12(1)(c1) of the Criminal Assets Recovery Act 1990 Ka Kit Yeung shall furnish to the Plaintiff, within twenty one (21) days after service of a sealed copy of these orders on [Defendant], a statement verified by oath of Ka Kit Yeung setting out the particulars sought in Schedule Two hereto. The summons be listed at 9am on Monday 3 April 2017 for mention before the Common Law Registrar. Liberty is granted to the Plaintiff and Ka Kit Yeung to apply on three (3) days' notice. The costs of obtaining these orders shall be costs in the cause. 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: CRIMINAL LAW – procedure - Criminal Assets Recovery Act 1990 – orders made Legislation Cited: Crimes Act 1900 (NSW) s 193C Criminal Assets Recovery Act 1990 (NSW) ss 10A, 10B, 12, 22, 28A Category: Procedural rulings Parties: New South Wales Crime Commission (Plaintiff) Ka Kit Yeung (Defendant) Representation: Counsel: R. Katrib (Crime Commission) File Number(s): 2016/373272 Publication restriction: Publication restriction lifted ex tempore judgment (rEVISED) 1. The New South Wales Crime Commission applies for a restraining order under s 10A of the Criminal Assets Recovery Act 1990 (NSW) in relation to the defendant's interests in property by summons filed today, 13 December 2016. 2. It also seeks a forfeiture order and an unexplained wealth order under ss 22 and 28A of the legislation respectively. Other ancillary relief is sought, including an order under s 12 that the applicant be examined on oath before a Registrar concerning his interests in property and an order under s 10B of the Act that the property specified in Schedule 1 of the summons be controlled by the New South Wales Trustee and Guardian. That property, an amount of $1 million in cash, was seized by police from a motor vehicle driven by the accused when he was pulled over by police for violating the traffic code by speaking on his mobile phone whilst driving. 3. The application for the restraining order is made on the basis of the evidence contained in the affidavit of Katie Elaine Bourne sworn 12 December 2016. I am satisfied that Ms Bourne is an authorised officer for the purpose of the Act and I am also satisfied that it is appropriate for this application to proceed ex parte given the ease with which large sums of cash can be disposed of, although in this case, I notice that the money currently is in the custody of the New South Wales Police Force. 4. The order is made on the grounds set out in s 10A(5)(a)(i) of the Act, that is, that Ms Bourne suspects the defendant is a person, whose interest in that cash is the subject of the application, who has engaged in serious crime related activity, in particular dealing with property suspected of being the proceeds of crime contrary to the provisions of s 193C(1) of the Crimes Act 1900 (NSW). 5. I am satisfied that Ms Bourne actually has that suspicion and, having carefully considered her affidavit and the material attached to it, I am also satisfied that there are reasonable grounds for that suspicion. 6. I have outlined the circumstances in which the defendant came to the attention of the police. He has since been charged by way of court attendance notice with that crime and is on conditional bail. 7. It is also pertinent to record that Ms Bourne has read the fact sheet prepared by the officer-in-charge of the investigation, Acting Inspector Danine Thorpe of the New South Wales Police and spoken to that officer on the telephone. The officer believes that the facts narrated in the fact sheet are true to the best of her knowledge and belief, and Ms Bourne accepts that assurance. 8. In the circumstances, I think it appropriate to make the orders sought. The defendant is a national of the People's Republic of China and a resident of Hong Kong. He told police he was in Australia on a working holiday visa and it seems to me appropriate that orders be made for him to be examined on oath concerning his affairs, including nature and location of any property over which he has an interest. 9. Moreover, I am also of the view that he should be required, prior to that examination, to provide the particulars set out in schedule 2 to the summons and the order that I will make today. 10. It is obviously unsatisfactory that such a large sum of money in which the State may acquire an interest should be held inert, as it were, as a police exhibit and it is appropriate that the New South Wales Trustee and Guardian take control of the money. That statutory corporation sole will invest the money pending resolution of the claim thereby earning interest on that large sum. 11. For these reasons, I make orders in accordance with the short minutes of order handed up by Ms Katrib, signed by me and dated today. I direct that the orders may be entered forthwith and that the seal of the court be affixed to the form of the order, and that a copy be returned to Ms Katrib. ********** Amendments 31 May 2024 - Publication restriction lifted - legal process completed DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 31 May 2024