New South Wales Crime Commission v Tran [2020] NSWSC 241

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Tran [2020] NSWSC 241 Hearing dates: 12 March 2020 Date of orders: 12 March 2020 Decision date: 12 March 2020 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) Pursuant to section 12(1) of the Act the restraining order be varied to allow the Defendant or any other person ("the vendor") to deal with the interest in property of the Defendant in the Cabramatta property for the purpose of selling the Cabramatta property at a price agreed to in writing by the Plaintiff ("the sale of the Cabramatta property"). (2) The vendor apply the monies received from the sale of the property to pay the following: (a) the amount necessary to discharge any registered mortgage secured over the Cabramatta property; (b) reasonable legal and conveyancing costs on the sale of the Cabramatta property; (c) any reasonable agent's commission on the sale of the Cabramatta property; (d) the fee payable to a Registered Valuer for a valuation of the Cabramatta property; (e) any rates or other adjustments or monies reasonably payable under any Agreement for Sale; and (f) any other expenses incurred with consent in writing of the Plaintiff such consent to be in the absolute discretion of the Plaintiff. (3) Pursuant to sections 10B(2) and 12(1) of the Act the net proceeds of the sale of the property (after the payment of monies referred to in Order 5 above) be paid to the NSW Trustee and Guardian by Bank Cheque or Electronic Funds Transfer to an account nominated by the Plaintiff, to be held by the NSW Trustee and Guardian until further order ("the funds held with the NSWT&G"). (4) Pursuant to section 10B(3)(b) of the Act the restraining order make provision for meeting the reasonable legal expenses of the Defendant in respect of the Defendant's current criminal proceedings and these proceedings, such expenses as agreed or assessed, to be paid to Phillip Tran, Tran Solicitors and Attorneys, at rates not exceeding those described in Schedule Two hereto and out of the funds held with the NSWT&G, upon the provision of itemised invoices by Phillip Tran to the Plaintiff. Catchwords: CRIME — confiscations — restraining order — variation Legislation Cited: Criminal Assets Recovery Act 1990 (NSW), ss 10A, 10B Category: Principal judgment Parties: New South Wales Crime Commission (Plaintiff) Van Cao Tran (Defendant) Representation: Solicitors: New South Wales Crime Commission (Plaintiff) Tran Solicitors & Attorneys (Defendant, appearance mentioned by Plaintiff's legal representative) File Number(s): 2018/280261 Publication restriction: Nil