New South Wales Crime Commission v Tran

The New South Wales Crime Commission applied for an ex parte restraining order under the Criminal Assets Recovery Act 1990 against Tran, who was convicted of obtaining electricity without authority. The application sought the restraining order due to the statutory preconditions in section 10A of the Act being satisfied, which required the court to make the order once certain matters were established. The court had to determine whether the power to make the restraining order was mandatory once the statutory preconditions were met and whether there was any discretion to not make the order.

The court examined the language of section 10A of the Act, which set out the preconditions for making the restraining order. The court found that the language used in the section was mandatory, and once the statutory preconditions were met, there was no discretion not to make the order. The court also considered the purpose of the Act, which was to recover the proceeds of crime and prevent the benefits of criminal conduct from being enjoyed by the offender. The court held that the power to make the restraining order was mandatory and that there was no discretion not to make the order once the statutory preconditions were met.

As a result, the court made the orders sought by the Crime Commission, restraining Tran from dealing with certain assets. The court found that the statutory preconditions in section 10A of the Act were met, and therefore, the restraining order was mandatory. The court also found that there was no discretion not to make the order once the statutory preconditions were met.

In conclusion, the court granted the ex parte restraining order sought by the Crime Commission against Tran. The court held that the power to make the restraining order was mandatory once the statutory preconditions were met and that there was no discretion not to make the order. The orders sought by the Crime Commission were made, and Tran was restrained from dealing with certain assets.