Lee v New South Wales Crime Commission

HIGH COURT OF AUSTRALIAFRENCH CJ,HAYNE, CRENNAN, KIEFEL, BELL, GAGELER AND KEANE JJJASON LEE (AKA DO YOUNG LEE) & ANOR  APPELLANTSANDNEW SOUTH WALES CRIME COMMISSION  RESPONDENTLee v New South Wales Crime Commission[2013] HCA 399 October 2013S29/2013ORDERAppeal dismissed with costs.On appeal from the Supreme Court of New South WalesRepresentationT A Game SC with G A Bashir and S J Free for the appellants (instructed by Nyman Gibson Stewart)I D Temby QC with E C Muston for the respondent (instructed by New South Wales Crime Commission)IntervenersJ T Gleeson SC, Solicitor-General of the Commonwealth with D F C Thomas for the Attorney-General of the Commonwealth, intervening (instructed by Australian Government Solicitor)M G Sexton SC, Solicitor-General for the State of New South Wales with N J Adams SC and J E Davidson for the Attorney-General for the State of New South Wales, intervening (instructed by Crown Solicitor (NSW))G J D del Villar for the Attorney-General of the State of Queensland, intervening (instructed by Crown Law (Qld))Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSLee v New South Wales Crime CommissionStatutes – Interpretation – Recovery of proceeds of crime – Examination orders – Appellants charged with offences – New South Wales Crime Commission applied for orders that appellants be examined on oath pursuant to s 31D of the Criminal Assets Recovery Act 1990 (NSW) – Subject matter of examination would have overlapped with subject matter of criminal proceedings – Whether s 31D empowered...