10 Jul 2018
COMMISSIONER OF POLICE v GONG [2018] NZHC 1686
- Citation
- [2018] NZHC 1686
- Court
- High Court
The respondent's five applications were originating in nature under the High Court Rules and the Criminal Proceeds (Recovery) Act because they sought substantive modification of originating restraining orders; the applications were distinct and must be treated individually; a 50% uplift to 2B costs was warranted for unreasonable conduct in respect of some applications; however costs cannot be met from restrained property under s 28(2) absent evidence the respondent cannot meet the costs from unrestrained property; accordingly Mr Gong was ordered to pay uplifted costs of NZD 65,562.00 to the C…
- Restraining orders
- Originating vs interlocutory applications
- Costs uplift for unreasonable conduct
- Payment from restrained property (s 28)
- Variation and discharge of restraints