New South Wales Crime Commission v Tran

The dispute in New South Wales Crime Commission v Tran involved the New South Wales Crime Commission seeking to recover proceeds of crime. The matter was heard in the Supreme Court of New South Wales. The primary issue before the court was the interpretation and application of the Proceeds of Crime Act 2002, particularly regarding the power of the court to make restraining orders against property. The court had to determine whether it could make such orders to prevent the dissipation of assets that may constitute proceeds of crime.

The court examined the relevant provisions of the Act and considered the principle that a restraining order is a last resort. The court held that it had the power to make restraining orders on property where there was a real risk that the property would be dissipated or removed from the jurisdiction. The court also emphasised the need for the Commission to demonstrate a real risk of dissipation or removal, rather than mere speculation or possibility. In this case, the Commission had to show that there was a real risk of dissipation or removal, and that the order was necessary to prevent that risk.

Ultimately, the court found in favour of the Commission, granting the restraining orders sought. The court held that the Commission had met the threshold for making such orders, and that the orders were proportionate and necessary to prevent the dissipation of the proceeds of crime. The court ordered that the property in question be restrained, pending further orders. This decision reinforces the power of the court to make restraining orders under the Proceeds of Crime Act, and highlights the importance of demonstrating a real risk of dissipation or removal of assets.