Chen v NSW Crime Commission

The applicant, Chen, sought leave to appeal against restraining orders made by the NSW Crime Commission under the *Criminal Assets Recovery Act 1990* (NSW). The proposed grounds of appeal challenged the making and continuance of two specific orders under section 10A of the Act. The Court of Appeal of New South Wales was required to determine whether to grant leave to appeal.

The central legal issue before the Court was whether there was sufficient utility in pursuing an appeal against the restraining orders. This required the Court to consider whether the grounds of appeal, if successful, would provide a meaningful remedy to the applicant, particularly in light of the need to challenge both orders for the appeal to have any practical effect.

Meagher and Simpson JJA dismissed the application for leave to appeal. Their Honours concluded that there was no utility in granting leave to appeal unless the applicant could challenge both of the relevant orders. As the proposed grounds of appeal did not satisfy this requirement, leave was refused. The applicant was ordered to pay the respondent's costs of the summons.