New South Wales Crime Commission v Junxian Ke

The New South Wales Crime Commission sought the cancellation of an interstate restraining order in the Supreme Court of New South Wales. The order was imposed under the Criminal Assets Recovery Act 1990 (NSW) and had been made against Junxian Ke. The commission's application was prompted by the withdrawal of the prosecution of the underlying offence in Western Australia. The commission argued that the restraining order was no longer necessary as there were no ongoing proceedings against the respondent.

The court considered the statutory framework governing the cancellation of restraining orders and whether the withdrawal of the underlying prosecution necessitated the cancellation of the interstate order. The court examined the purpose of the restraining order and whether it was still required in light of the cessation of the prosecution. The respondent argued that the restraining order should remain in place due to the risk of the respondent disposing of or dealing with their assets.

The court found that the withdrawal of the underlying prosecution effectively removed the basis for the restraining order. It held that the purpose of the order was to prevent the respondent from dealing with assets that might be the subject of a confiscation order if convicted. As the prosecution had been withdrawn, there were no longer any proceedings in which such a confiscation order could be sought. Consequently, the court decided to cancel the interstate restraining order. The court's decision was grounded in the statutory provisions of the Criminal Assets Recovery Act 1990 (NSW) and the principles of proportionality and necessity in the context of restraining orders. The final orders of the court were to cancel the interstate restraining order imposed on Junxian Ke.