New South Wales Crime Commission v Tong [2018] NSWSC 8

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Tong [2018] NSWSC 8 Hearing dates: 12 January 2018 Date of orders: 12 January 2018 Decision date: 12 January 2018 Jurisdiction: Common Law Before: Davies J Decision: Upon the Plaintiff giving the usual undertaking as to damages (the giving of which by its solicitor being noted) and

Considering that, having had regard to the matters contained in the affidavit of Jonathan Lee Spark sworn 9 January 2018, there are reasonable grounds for the suspicions stated therein

The Court orders:

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 Duy Thien Tong, including the interest in property in the property specified in Schedule One hereto.

2. Pursuant to section 12(1)(b)(i) of the Criminal Assets Recovery Act 1990 Duy Thien Tong 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 Duy Thien Tong shall furnish to the Plaintiff, within twenty one (21) days after service of a sealed copy of these orders on Duy Thien Tong, a statement verified by oath of Duy Thien Tong setting out the particulars sought in Schedule Two hereto.