NSW Crime Commission v Brendon Phong Tran (No 3)

EX TEMPORE Judgment

1. [1]

   HER HONOUR: These are proceedings brought under the Criminal Assets Recovery Act 1990 (NSW). Orders were made in the proceedings by Garling J in September 2011 under s 10A of the Act restraining the disposal or attempted disposal of property identified in that order.

2. [2]

   By orders made by Davies J on 11 December 2013 the fourth defendant became a party to the proceedings and orders were made in respect of the disposal of the assets (see New South Wales Crime Commission v Brendon Phong Tran (No 2) [2013] NSWSC 1854).

3. [3]

   The plaintiff now seeks a variation of the restraining order against the fourth defendant to permit the property, the subject of the restraining order made by Davies J, to be varied for the purpose of paying money owing by the fourth defendant to the Water Corporation, in relation to property specified in Schedule 2 to the order. The fourth defendant consents to that order.

4. [4]

   In the circumstances presently before the Court, I am satisfied that it is appropriate to vary the order earlier made in the proceedings as I have described, in the terms agreed by the parties.

5. [5]

   Accordingly, I make orders in the terms agreed.