NSW Crime Commission v Chen (No 2) [2017] NSWSC 1044

NSW Crime Commission v Chen (No 2) [2017] NSWSC 1044

Ms Chen was unsuccessful in all substantive respects on the motions. The consideration of statutory construction issues at hearing does not justify a departure from the usual compensatory order of costs following the event. The Plaintiff is entitled to costs of both motions.

Jurisdiction
Australia
Judgment Date
10 August 2017
Procedural Posture
Costs Decision in Civil Asset Recovery Proceedings / Post Hearing, After Substantive Judgment
Outcome
Ms Chen's Notice of Motion dismissed; restraining order maintained; Defendant to pay Plaintiff's costs.
Legal Topics
['costs' 'restraining Orders' 'statutory Construction']
['criminal Asset Recovery' 'civil Procedure'] ['costs' 'restraining Orders' 'statutory Construction']

Case Brief

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Procedural Posture

Costs Decision in Civil Asset Recovery Proceedings / Post Hearing, After Substantive Judgment

Legal Issues

  1. 1 ['Whether to depart from the usual costs order under the Uniform Civil Procedure Rules 2005 (NSW) following contested motions regarding restraining orders under the Criminal Assets Recovery Act 1990 (NSW)' 'Whether statutory construction issues warrant a different order as to costs']

Ratio Decidendi

Ms Chen was unsuccessful in all substantive respects on the motions. The consideration of statutory construction issues at hearing does not justify a departure from the usual compensatory order of costs following the event. The Plaintiff is entitled to costs of both motions.

Court Disposition

Ms Chen's Notice of Motion dismissed; restraining order maintained; Defendant to pay Plaintiff's costs.

Orders

  • ["Ms Chen's Notice of Motion filed on 4 October 2016 is dismissed." 'Pursuant to section 10A of the Criminal Assets Recovery Act 1990 (NSW) no person (other than any registered mortgagee dealing with its right under the mortgage) is to dispose of, attempt to dispose of, or otherwise deal with any interest in...