New South Wales Crime Commission v Luu [2018] NSWSC 2050

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Luu [2018] NSWSC 2050 Hearing dates: 12 September 2018 Date of orders: 12 September 2018 Decision date: 12 September 2018 Jurisdiction: Common Law Before: Rothman J Decision: (1) Pursuant to s 10A of the Criminal Assets Recovery Act 1990 (NSW) 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 s 7 of the Act) of Van Cao Tran, including the interest in property in the property specified in Schedule One. (2) Pursuant to s 12(1)(b)(i) of the Act Van Cao Tran 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 s 12(1)(c1) of the Act Van Cao Tran shall furnish to the Plaintiff, within twenty one (21) days after service of a sealed copy of these orders on Van Cao Tran, a statement verified by oath of Van Cao Tran setting out the particulars sought in Schedule Two. (5) The balance of the Summons be listed for Directions before the Common Law Registrar at 9am on Monday 4 February 2019. (6) Liberty is granted to the Plaintiff and Van Cao Tran to apply on three (3) days' notice. (7) The costs of obtaining these orders shall be costs in the cause. (8) Pursuant to Rule 36.4(1)(a) of the Uniform Civil Procedure Rules 2005 (NSW) these orders are to take effect as of the date hereof. Catchwords: CRIMINAL ASSETS – restraining orders – ancillary orders for examination – reasonable suspicion – orders appropriate – orders granted Legislation Cited: Crimes Act 1900 (NSW), s 193B Criminal Assets Recovery Act 1990 (NSW) Drug Misuse and Trafficking Act 1985 (NSW), s 25(2) Category: Procedural and other rulings Parties: New South Wales Crime Commission (Plaintiff) Kien Minh Luu (Defendant) Representation: Solicitors: S Santhikumar (Plaintiff) Ex Parte (Defendant) File Number(s): 2018/280267