New South Wales Crime Commission v Liu

In the case of New South Wales Crime Commission v Liu, the defendant was subject to an investigation and subsequent application by the New South Wales Crime Commission under the Criminal Assets Recovery Act 1990. The Commission sought to recover assets they alleged were derived from criminal activity. The dispute reached the Supreme Court of New South Wales, where the defendant contested the legality of the proceedings and the sufficiency of the evidence presented. The central issue before the court was whether the application complied with the statutory requirements and whether the evidence was adequate to support the order sought.

The court addressed whether the Commission had provided sufficient evidence to establish a prima facie case that the property was derived from criminal conduct. The defendant argued that the Commission's evidence did not meet the statutory threshold and questioned the admissibility of certain documents. The court examined the statutory framework and relevant case law to determine the appropriate standard of proof required for such applications. It concluded that the Commission had discharged its burden by providing evidence that was sufficient to establish a prima facie case, thereby justifying the making of the order.

Ultimately, the court found in favour of the New South Wales Crime Commission, holding that the application complied with the statutory requirements and that the evidence was adequate to support the order sought. The court emphasised the importance of the statutory framework in ensuring that the rights of defendants are balanced against the public interest in recovering assets derived from criminal activity. The orders were made in favour of the Commission, allowing it to proceed with the recovery of the specified assets.