CDPP v. IN THE MATTER OF SPECIFIED PROPERTY OF UNIVERSAL LIONSHARE PTY. LIMITED & ANOR [2005] NSWSC 91

CDPP v. IN THE MATTER OF SPECIFIED PROPERTY OF UNIVERSAL LIONSHARE PTY. LIMITED & ANOR [2005] NSWSC 91

Mrs. Teresita Tan, as a successful applicant who was not involved in the alleged criminality, is entitled to have her costs paid by the Commonwealth Director of Public Prosecutions under s.323 of the Proceeds of Crime Act 2002 (Cth). The costs should be paid on a party/party basis up to and including 31 March 2004 and thereafter on an indemnity basis, in light of the Director's failure to settle after a clear Calderbank offer and the absence of any grounds for the restraining order at the time of hearing.

Parties
Plaintiff: Commonwealth Director of Public Prosecutions; Subject: Universal Lionshare Pty. Limited; Subject: Dante Tan; Applicant: Teresita Tan
Jurisdiction
Australia
Judgment Date
24 February 2005
Procedural Posture
Application for Costs in Proceeds of Crime Litigation / Post Judgment, Costs Determination
Outcome
Costs awarded to Mrs. Teresita Tan; party/party basis to 31 March 2004, indemnity basis thereafter.
Legal Topics
Costs Orders, Restraining Orders, Indemnity Costs, Proceeds of Crime, Calderbank Offer
Criminal Law Proceeds of Crime Civil Procedure Costs Orders Restraining Orders Indemnity Costs Calderbank Offer

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Parties

Commonwealth Director of Public Prosecutions

Plaintiff

Universal Lionshare Pty. Limited

Subject

Dante Tan

Subject

Teresita Tan

Applicant

Procedural Posture

Application for Costs in Proceeds of Crime Litigation / Post Judgment, Costs Determination

Legal Issues

  1. 1 Whether an order for indemnity costs should be made in favour of the successful applicant who obtained partial revocation of a restraining order under the Proceeds of Crime Act 2002 (Cth).
  2. 2 Whether the application for revocation entitles the applicant to costs under s.323 of the Proceeds of Crime Act 2002 (Cth).
  3. 3 Whether public interest considerations affect an award of indemnity costs against the Commonwealth.

Ratio Decidendi

Mrs. Teresita Tan, as a successful applicant who was not involved in the alleged criminality, is entitled to have her costs paid by the Commonwealth Director of Public Prosecutions under s.323 of the Proceeds of Crime Act 2002 (Cth). The costs should be paid on a party/party basis up to and including 31 March 2004 and thereafter on an indemnity basis, in light of the Director's failure to settle after a clear Calderbank offer and the absence of any grounds for the restraining order at the time of hearing.

Court Disposition

Costs awarded to Mrs. Teresita Tan; party/party basis to 31 March 2004, indemnity basis thereafter.

Orders

  • The CDPP to pay the costs of Mrs. Teresita Tan's application up to and including the costs occasioned by her until 31 March 2004 on a party/party basis and thereafter on an indemnity basis.