New South Wales Crime Commission v Pham

The New South Wales Crime Commission sought to recover criminal assets from Tran Viet Pham, a convicted criminal, under the Criminal Assets Recovery Act 2005. Pham opposed the Commission’s application for restraining orders and ancillary orders, arguing that the Commission had failed to prove the need for such orders and that the application should be dismissed. The matter came before the Supreme Court of New South Wales.

The primary legal issues that the court was required to determine were whether ancillary orders should be made on an ex parte basis, and if not, whether such applications should be dealt with in chambers. The court examined the nature of the orders being sought, the need for urgency, and the principles of natural justice that require a person to be given an opportunity to be heard before orders affecting their rights are made.

In its decision, the court held that ancillary orders should not be made ex parte. It emphasised the importance of the principles of natural justice and the right to be heard. The court observed that the orders sought were significant and would have a profound effect on Pham’s rights and freedoms. It concluded that it was appropriate to give Pham an opportunity to be heard before such orders were made. Consequently, the court refused the application for ancillary orders ex parte and held that ex parte applications of this nature should be dealt with in chambers, where the court can consider the merits of the application and the evidence before making a decision.

The court ordered that Pham be given notice of the application and an opportunity to be heard. It also directed that the application be listed for a hearing in chambers, where Pham could present his case and evidence. The court did not make any orders in relation to the restraining orders at that time, as the matter was to be further heard.