New South Wales Crime Commission v Junxian Ke

Case •

[2018] NSWSC 1779

•

21 September 2018

No judgment structure available for this case.

Supreme Court


New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Junxian Ke [2018] NSWSC 1779
Hearing dates: 21 September 2018
Date of orders: 21 September 2018
Decision date: 21 September 2018
Jurisdiction:Common Law
Before: Rothman J
Decision:

Pursuant to s 52F of the Criminal Assets Recovery Act 1990 (NSW) the interstate restraining order dated 19 February 2018 and registered in the Supreme Court of New South Wales on 8 March 2018 in respect of the interests in property of Junxian Le in New South Wales is cancelled.

Catchwords: PRACTICE AND PROCEDURE – Criminal Assets Recovery Act 1990 (NSW) - cancellation of interstate restraining order – prosecution of underlying offence withdrawn – cancellation effected
Legislation Cited: Criminal Assets Recovery Act 1990 (NSW), s 52F
Category:Consequential orders (other than Costs)
Parties: New South Wales Crime Commission (Plaintiff)
Junxian Ke (Defendant)
Representation: Solicitors:
S Santhikumar (Plaintiff)
Ex Parte (Defendant)
File Number(s): 2018/00076390

EX TEMPORE Judgment

  1. HIS HONOUR: Before the Court is a Motion for the discontinuance or withdrawal of an interstate restraining order and its cancellation. There is an affidavit of Jonathan Lee Spark, who is an authorised officer on behalf of the New South Wales Crime Commission under the Criminal Assets Recovery Act 1990 (NSW). The affidavit annexes correspondence and in particular a notice of discontinuance in relation to the original charges which gave rise to the orders made by the South Australian Supreme Court, which were registered in this State pursuant to the Act. That notice of withdrawal is signed by an officer of the Office of the Director of Public Prosecutions on behalf of Adam Kimber SC, the Director of Public Prosecutions for the State of South Australia.

  2. In those circumstances, the Court makes the orders sought in the Motion filed today in Court and signed and dated by me.

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Decision last updated: 20 November 2018

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