New South Wales Crime Commission v Kwong

[2013] NSWSC 436

Supreme Court

New South Wales

Medium Neutral Citation:	New South Wales Crime Commission v Kwong [2013] NSWSC 436
Hearing dates:	26 April 2013
Decision date:	26 April 2013
Jurisdiction:	Common Law
Before:	Schmidt J
Decision:	Consent orders made.
Catchwords:	CRIMINAL LAW - procedure - Criminal Assets Recovery Act 1990 - consent orders
Legislation Cited:	Criminal Assets Recovery Act 1990
Category:	Procedural and other rulings
Parties:	New South Wales Crime Commission (Plaintiff) Jin Cheng Lester Kwong (Defendant)
Representation:	Solicitors: Ms E Goh New South Wales Crime Commission (Plaintiff) Hans Kim Lawyer (Defendant)
File Number(s):	2013/30292
Publication restriction:	None

EX TEMPORE Judgment

1. These proceedings were commenced by summons filed on 31 January 2013. On that day, Harrison J made ex parte orders pursuant to the Criminal Assets Recovery Act 1990 restraining the defendants from dealing with various assets in terms described in the summons.

1. Today, the parties ask the Court to make orders in terms which have been agreed so as to finalise the proceedings. The proposed consent orders are sought in circumstances in which the proceedings came before the Court and outline the orders which were earlier made. They propose that leave be granted to the plaintiff to amend its summons; that an order pursuant to s 22 of the Act be made, forfeiting to and investing in the Crown the interest in property of the defendant in three items of cash seized by police on 10 December 2012, the first an amount of approximately $735,500; the second, an amount of approximately $320,000; and the third, cash in the amount of approximately $214,400. It is also proposed that an application for an unexplained wealth order be dismissed.

1. Having regard to the circumstances in which the proceedings were commenced and orders were earlier made by the Court and what is proposed by way of consent orders to finalise the proceedings, I am satisfied that justice dictates that the Court's discretion be exercised to make the orders to which the parties have agreed. For those reasons, I make orders in terms of the consent orders filed today.

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Decision last updated: 29 April 2013