New South Wales Crime Commission v Chau [2018] NSWSC 1527

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Chau [2018] NSWSC 1527 Hearing dates: 10 October 2018 Date of orders: 10 October 2018 Decision date: 10 October 2018 Jurisdiction: Common Law Before: Davies J Decision: NON-PUBLICATION ORDERS:

Pursuant to s 7 and upon the ground set out in s 8(1)(a) of the Court Suppression and Non-publication Orders Act 2010 (NSW) (the Act), there shall be a non-publication order over the judgment and orders made today. The non-publication order is to expire on 7 November 2018.

ORDERS:

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 5 October 2018, there are reasonable grounds for the suspicion 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 and as provided by Orders 2, 3 and 4 below) 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 Chau Thai Chau, including the interest in property in the property specified in Schedule One hereto.

2. Pursuant to section 12(1) of the Criminal Assets Recovery Act 1990 the restraining order be varied to allow Chau Thai Chau or any other person ("the vendor") to deal with the interest of Chau Thai Chau in the property specified in item 2 of Schedule One hereto ("the Kemps Creek property") for the purpose either of completing the sale of the Kemps Creek property or of selling the Kemps Creek property at a price agreed in writing by the Plaintiff ("the sale of the Kemps Creek property").