16 Oct 2024
The proposed grounds lacked any real prospect of success and the applicant gave no adequate explanation for the delay; the original judge had addressed the applicant's points and the costs and charging orders were within judicial discretion, therefore permission to appeal was refused and the application dismissed.
21 Feb 2019
The 15 May 2012 transfer was a gratuitous disposition made when the transferor lacked assets to satisfy the pre-existing judgment debt, thereby creating a significant risk creditors could not recover; the court inferred intent to defraud under s60 CPO and held the transfer void. The plaintiff, having discontinued only because the judgment sum was paid, is entitled to costs from 1 August 2016 against the defendants; the costs are to be assessed under the Regional Court scale and, if not agreed, by a costs assessment officer.
15 Nov 2012
The Judge erred in attributing sole responsibility to the husband for vacating the June hearing; the vacatur resulted from both parties' late identification of issues and the fortuitous availability of earlier trial dates, entitling the Court of Appeal to exercise a fresh discretion and to order that there be no order as to costs for the adjournment; further, counsel fees committed before delivery of a brief are not automatically recoverable from the opposing party absent delivery of the brief.