New South Wales Crime Commission v Quoc Kiem Tran

In this case, the New South Wales Crime Commission sought a restraining order over a large sum of cash, which was dealt with on an ex parte basis. The defendant, Quoc Kiem Tran, opposed the application, leading to an ancillary order for his examination. The dispute involved determining whether such an order for examination should be made on an ex parte basis. The case was heard in the Supreme Court of New South Wales.

The central legal issues revolved around whether the court should grant an ex parte order for the defendant's examination and whether such an order could be made without prior notice to the defendant. The Crime Commission argued that an ex parte order was necessary to prevent the dissipation of assets, while Tran contended that he should have been given notice and an opportunity to be heard before any such order was made.

The court held that the application for an ex parte restraining order over the cash was appropriately dealt with in the circumstances. However, the court found that the ancillary order for the defendant's examination should not have been made ex parte. The court reasoned that while urgent matters may warrant ex parte relief, the examination of a defendant regarding the restraint of assets typically requires prior notice to ensure fairness and due process. The court emphasised the importance of providing the defendant with an opportunity to be heard before any such order is made.

In light of the above, the court quashed the ex parte order for the defendant's examination. The restraining order over the large sum of cash remained in place, subject to the defendant being given notice and an opportunity to be heard at a subsequent hearing.