26 Aug 2008
Because the Husband died before judgment, his application for ancillary relief abated and the court lacked jurisdiction to make the AR Order on 31 August 2007; an order made without jurisdiction must be set aside, therefore the AR Order is set aside and the Judgment Sum held by solicitors is to be released to the Wife, with costs to follow the event.
25 May 2005
The Bank succeeded on appeal in overturning the amended order; the Receiver's application to vary the costs order nisi is dismissed; the Bank is entitled to one-third of the costs of the appeal (reflecting a two-thirds discount for partial success); the one-third payable by the Receiver shall form part of the costs of receivership and is payable forthwith; questions about recovery from restrained account balances are hypothetical and must be determined at first instance if necessary.