New South Wales Crime Commission v Chan

The case of New South Wales Crime Commission v Chan involved the New South Wales Crime Commission seeking restraining orders against the defendant, Chan, under the Criminal Assets Recovery Act 1990 (NSW). The Commission sought to restrain Chan from dealing with and disposing of assets believed to be proceeds of crime. The matter was heard in the Supreme Court of New South Wales. The primary legal issue before the court was whether the Commission could be granted ex parte orders to restrain Chan from dealing with specific assets. The court had to consider whether the Commission had satisfied the criteria for such orders under the Act.

The court examined the evidence presented by the Commission to determine if there was a sufficient basis to support the granting of ex parte restraining orders. It found that the Commission had demonstrated that there were reasonable grounds to believe that the assets were proceeds of crime and that there was an urgent need to prevent Chan from disposing of those assets. The court concluded that the Commission had met the necessary threshold for the ex parte orders, as it was in the interests of justice to do so to prevent the dissipation of assets that might otherwise be forfeited. The court granted the restraining orders as sought.

In making its decision, the court also considered ancillary orders which the Commission requested, including orders for Chan to provide information about the assets and their whereabouts. The court determined that these ancillary orders were appropriate given the circumstances and granted them as well. The court's final orders included both the restraining orders and the ancillary orders, ensuring that Chan was prohibited from dealing with the specified assets and was required to provide the necessary information to the Commission.