Chen v NSW Crime Commission [2018] NSWCA 63

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Chen v NSW Crime Commission [2018] NSWCA 63 Hearing dates: 26 March 2018 Date of orders: 26 March 2018 Decision date: 29 March 2018 Before: Meagher JA Simpson JA Decision: 1. Leave to appeal dismissed. 2. Applicant pay the respondent's costs of the summons. Catchwords: PRACTICE AND PROCEDURE – leave to appeal – where restraining orders made under Criminal Assets Recovery Act 1990 – where proposed grounds of appeal challenge making or continuance of two orders under s 10A – where no utility in appeal unless leave granted to challenge both orders – leave refused Legislation Cited: Criminal Assets Recovery Act 1990 (NSW) Cases Cited: NSW Crime Commission v Chen (Supreme Court (NSW), Button J, unreported) Category: Principal judgment Parties: Yan Ping Chen (Applicant) NSW Crime Commission (Respondent) Representation: Counsel:

B Walker SC and L Fernandez (Applicant) I Temby QC and R Bhalla (Respondent)

Solicitors:

Nyman Gibson Miralis (Applicant) NSW Crime Commission (Respondent) File Number(s): 2017/235289 Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Common Law Citation: [2017] NSWSC 943 Date of Decision: 17 July 2017 Before: Schmidt J File Number(s): 2014/67125