16 Dec 2016
COMMISSIONER OF POLICE v BURGESS [2016] NZHC 3096
- Citation
- [2016] NZHC 3096
- Court
- High Court
The Court held the Commissioner was substantially successful and awarded costs for the substantive forfeiture applications; however s45 Legal Services Act prevents enforcing costs against legally aided persons absent exceptional circumstances, which were not made out for Robin Burgess and Louise Brinsden, so the Court recorded what would have been awarded under s45(5) but did not enforce them; Karl Burgess was awarded assessed costs reflecting partial success; Mrs Burgess was awarded partial relief on the merits but overall ordered to pay net costs to the Commissioner after set-off; the 2011…