New South Wales Crime Commission v Brendon Phong Tran (No. 1)

[2013] NSWSC 1853

Supreme Court

New South Wales

Medium Neutral Citation:

New South Wales Crime Commission v Brendon Phong Tran (No. 1) [2013] NSWSC 1853

Hearing dates:

11 December 2013

Decision date:

11 December 2013

Jurisdiction:

Common Law

Before:

Davies J

Decision:

The order made on 9 September 2011 is varied in terms of the order contained in the Notice of Motion dated 10 December 2013:

1. Pursuant to Rule 36.16 of the Uniform Civil Procedure Rules 2005 the orders made by the Court on 9 September 2011 in these be varied to insert after Item 4 of the Schedule to those orders, the following:

"5. The whole of the property described as Lot 30 on Deposited Plan 19858 in Certificate of Title Volume 2007 Folio 317 also known as 19 Covent Gardens, Stirling, Western Australia and registered in the name of Thi Kim Phuong Tran.

6. The whole of the property described as Lot 104 on Deposited Plan 41027 in Certificate of Title Volume 2589 Folio 868 also known as 162 Kingsway Darch, Western Australia and registered in the name of Brendon Phong Tran.

7. The whole of the property described as Lot 30 on Diagram 8285 in Certificate of Title Volume 1009 Folio 533 also known as 407 Charles Street, North Perth, Western Australia and registered in the name of Brendon Phong Tran.

8. The whole of the property described as Lot 27 on Deposited Plan 3488 in Certificate of Title Volume 816 on Folio 77 also known as 3 Goldsmith Road, Spearwood, Western Australia and registered in the names of Brendon Phong Tran, Donna Tran and Thi Phuoc Vo as joint tenants.

9. The whole of the property described as Lot 339 on Deposited Plan 50347 in Certificate of Title Volume 2649 Folio 131 also known as 339 Casuarina Drive, Nilgen, Western Australia and registered in the names of Brendon Phong Tran and Thi Kim Phuong Tran as joint tenants."

2. This order is to take effect as at the time and date of the making of the orders made on 9 September 2011 that are hereby varied.

Catchwords:

CRIMINAL LAW - confiscation of criminal proceeds - variation of orders

Legislation Cited:

Criminal Assets Recovery Act 1990
Uniform Civil Procedure Rules

Category:

Interlocutory applications

Parties:

New South Wales Crime Commission (Plaintiff)
Brendon Phong Tran (Defendant)

Representation:

Counsel:
R Katrib (Plaintiff)
No appearance (Defendants)
Solicitors:
New South Wales Crime Commission (Plaintiff)
No appearance (Defendants)

File Number(s):

2011/293013

Judgment

1. On 9 September 2011 Garling J made orders under s 10A of the Criminal Assets Recovery Act 1990 restraining the disposal or attempt to dispose of the property identified in that order.

1. The Plaintiff now applies to vary the orders made by the inclusion of a number of other properties contained in the schedule to the earlier order. Those properties are in Western Australia. The need to do so appears in the affidavit of Jonathan Lee Spark sworn 10 December 2013. In short, in order for the present Plaintiff to restrain the disposal of assets in Western Australia, it is necessary for a judgment from this Court to that effect to be registered in Western Australia.

1. I am satisfied that it is appropriate that the property identified by Mr Spark in his affidavit, and which forms the subject of the present application, ought also to appear in the schedule so that a restraining order can have effect in Western Australia.

1. For that reason, the order made on 9 September 2011 is varied in terms of the order contained in the Notice of Motion dated 10 December 2013 and filed in Court today.

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Decision last updated: 05 February 2014