New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

S88
  • 11 Dec 2013

    THE SOLICITOR-GENERAL v RHODES & ORS [2013] NZHC 3320

    Citation
    [2013] NZHC 3320
    Court
    High Court

    The court refused costs because the third parties were not 'successful' for the purposes of s88(b): the Crown's orders for confiscation and pecuniary penalty were ultimately effective, the release or expiry of restraints on the third parties' properties occurred because the Crown no longer needed to resort to those properties to satisfy the pecuniary penalty rather than because of a judicial determination excluding them, and one third party was unsuccessful on other related points (the Mazda). Therefore s88 did not apply and Rule 15.23 was not applied to award costs.