New South Wales Crime Commission v Nhu

[2015] NSWSC 1643

Supreme Court

New South Wales

Medium Neutral Citation:

New South Wales Crime Commission v Nhu [2015] NSWSC 1643

Hearing dates:

4 November 2015

Date of orders:

04 November 2015

Decision date:

04 November 2015

Jurisdiction:

Common Law

Before:

Schmidt J

Decision:

Consent orders made in terms marked MFI 1.

 

BY CONSENT AND WITHOUT ADMISSIONS EXCEPT FOR THE PURPOSE OF THESE ORDERS THE COURT ORDERS that:

 

Pursuant to section 10B (3) (b) of the Act the restraining order make provision for meeting the reasonable legal expenses of the Defendant in respect of the Defendant’s current criminal proceedings, up to and including the committal, agreed at $60,000 (inclusive of GST), out of the Green Valley property, such sum to be paid as follows:

 

(1)   as to $15,000 (inclusive of GST) to Greg Jones, Barrister in respect of these proceedings;

 

(2)   as to $15,000 (inclusive of GST) to LN Legal in respect of these proceedings;

 

(3)   as to $15,000 (inclusive of GST) to Greg Jones, Barrister in respect of the Defendant’s criminal matter up to and including the committal proceeding;

 

(4)   as to $15,000 (inclusive of GST) to LN Legal in respect of the Defendant’s criminal matter up to and including the committal proceeding

 

(“the Defendant’s reasonable legal expenses”).

 

Leave is granted to the Plaintiff to amend its summons to seek an order pursuant to section 27 of the Act that the Defendant pay to the Treasurer an amount assessed by the Court as the value of the proceeds derived by the Defendant’s illegal activities that took place not more than 6 years before the application for this order.

 

Pursuant to section 27 (1) of the Act the Defendant pay to the Treasurer the sum of $130,000 (“the proceeds assessment order”).

 

Pursuant to section 10B (4) of the Act, the interest in property of the Defendant in the Green Valley property may be sold, at a price agreed to in writing by the Plaintiff, or charged, mortgaged, leased, licensed or otherwise used to raise finance, to enable the proceeds assessment order to be satisfied.

 

Any monies paid pursuant to these Orders shall be first applied in satisfaction of the proceeds assessment order and secondly in satisfaction of the Defendant’s reasonable legal expenses.

 

Pursuant to section 101 of the Civil Procedure Act 2005 interest shall be payable on the proceeds assessment order from 1 February 2016.

 The application for an unexplained wealth order is dismissed.

Catchwords:

CRIMINAL LAW - procedure - Criminal Assets Recovery Act 1990 - consent orders

Legislation Cited:

Civil Procedure Act 2005 (NSW)

Category:

Procedural and other rulings

Parties:

New South Wales Crime Commission (Plaintiff)’
Peter Nhu (Defendant)

Representation:

Solicitors:
New South Wales Crime Commission (Plaintiff)
LN Legal (Defendant)

File Number(s):

2015/96765

Publication restriction:

None

EX TEMPORE Judgment

1. HER HONOUR: These proceedings were commenced by summons filed on 1 April 2015. On that day Campbell J made ex parte orders under the Criminal Assets Recovery Act 1990 (NSW), restraining the defendants from dealing with various assets in terms described in the orders.

2. Today the parties have approached the Court seeking a number of things: firstly, that leave be granted to amend the summons in terms filed in Court today, and secondly, that consent orders be made disposing of the proceedings in terms which the parties have also agreed.

3. Those orders provide for orders under s 10B of the Act in relation to reasonable legal expenses of the defendants agreed at $60,000; orders under s 27 of the Act for payment by the defendants to the Treasurer of the sum of $130,000 by way of a proceeds of assessment order; orders under s 10B as to sale of an interest in property of the defendants at Green Valley, the proceeds of which are to be applied in satisfaction of the proceeds assessment order, as well as for interest in accordance with s 101 of the Civil Procedure Act 2005 (NSW). The proposed orders also contain a number of notations, including as to costs.

4. Having regard to the circumstances in which the proceedings were commenced and orders were earlier made by the Court and what the parties have now agreed in order to finalise the proceedings, I am satisfied that justice dictates that the Court's discretion be exercised to give effect to the agreement the parties have reached, by making further orders in terms which the parties have agreed.

5. For those reasons, I grant leave to amend the summons in terms agreed, and make the consent orders in terms filed, which I shall mark MFI 1.

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Decision last updated: 05 November 2015