NSW Crime Commission v Chen (No 2) [2017] NSWSC 1044

Supreme Court New South Wales

Medium Neutral Citation: NSW Crime Commission v Chen (No 2) [2017] NSWSC 1044 Hearing dates: On the papers Date of orders: 10 August 2017 Decision date: 10 August 2017 Jurisdiction: Common Law Before: Schmidt J Decision: (1) Ms Chen's Notice of Motion filed on 4 October 2016 is dismissed. (2) 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 the Defendant, 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. (3) The Defendant pay the Plaintiff's costs of the motions, as agreed or as assessed on the ordinary basis. Catchwords: COSTS – departing from the usual order as to costs – costs opposed because questions of statutory construction arose in proceedings – usual order as to costs made Legislation Cited: Civil Procedure Act 2005 (NSW) Criminal Assets Recovery Act 1990 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Latoudis v Casey (1990) 170 CLR 534; [1990] HCA 59 NSW Crime Commission v Chen (Supreme Court (NSW), Button J, 4 March 2014, unrep) NSW Crime Commission v Chen [2017] NSWSC 943 Category: Costs Parties: NSW Crime Commission (Plaintiff) Yan Ping Chen (Defendant) Representation: Counsel: Mr R Bhalla (Plaintiff)