Vu v New South Wales Crime Commission

The appeal concerned an application by the appellant, Mr Vu, to set aside a proceeds assessment order made by the New South Wales Crime Commission. The primary judge had found that the appellant had engaged in serious crime-related activity, which was a prerequisite for the making of such an order under section 27 of the *Criminal Assets Recovery Act 1990* (NSW). The appellant sought to challenge this finding on appeal to the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether the primary judge had erred in concluding that the appellant had committed serious crime-related activity. This required the Court to consider the evidence presented at the original hearing and determine if the findings of fact made by the primary judge were sustainable.

The Court of Appeal dismissed the appeal, finding no error in the primary judge's determination. The judges were satisfied that the evidence before the primary judge was sufficient to support the conclusion that the appellant had engaged in serious crime-related activity. Consequently, the Court upheld the proceeds assessment order. The Court extended the time for the appellant to file the notice of appeal and ordered that the appeal be dismissed with costs.