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

The New South Wales Crime Commission brought a proceeding against Brendon Phong Tran seeking the confiscation of criminal proceeds under the Criminal Proceeds Confiscation Act 2002 (NSW). The Commission sought an order that the property of Tran, consisting of three residential properties, be forfeited as it was alleged to be proceeds of his criminal activity. The case was heard in the Supreme Court of New South Wales, with Justice Lee presiding.

The court was required to determine whether the properties in question were proceeds of crime within the meaning of the Act. This required consideration of the meaning of "proceeds of crime" and whether the burden of proof had been discharged by the Commission. Additionally, the court needed to decide whether the orders made under the Act were in the interests of justice and whether the variation of those orders should be granted.

The court found that the properties were proceeds of Tran's criminal activity and that the burden of proof had been discharged by the Commission. The court also found that the orders were in the interests of justice, and that a variation of those orders was appropriate given the circumstances. Justice Lee noted that Tran had not challenged the confiscation orders and that the properties had been held by the receivers for a significant period of time. The court ordered that the receivers be directed to sell the properties and that the proceeds of the sale be paid to the Commissioner for State Revenue.