7 Jul 2023
Because the first respondent's application for release of living costs was dismissed, the Commissioner succeeded and, applying ordinary costs principles as applicable to Criminal Proceeds Recovery Act proceedings, the court awarded costs to the Commissioner on a 2B scale in the sum of $10,695.25 as unopposed and reasonable.
5 May 2016
Where proceedings under the Criminal Proceeds (Recovery) Act are commenced by originating application r19.2 applies and r9.74 permits service of a notice to produce a deponent for cross-examination without leave; consequently leave under r7.28 was not required and the Commissioner was entitled to give notice; interpreter arrangements and costs are for the parties and the calling party normally meets interpreter costs; failure to produce a deponent risks the affidavit being disregarded under r9.74(3).
19 Jun 2015
Past maintenance from May 2012 is to be calculated at $12,700 per month to reflect the change in Mrs Clayton's circumstances, but amounts she actually received in respect of court costs during the relevant period fully offset the past maintenance; consequently neither party wholly prevailed on appeal so costs of the appeal lie where they fall, while discrete successful interlocutory applications attract costs on a 2B basis as ordered.
19 Oct 2009
Balancing the competing interests and having regard to the Court of Appeal having granted leave to reinstate Mrs Chean's appeal, the asset preservation order is varied narrowly to permit payment of reasonable legal costs up to the Legal Services Agency guideline amount ($3,360) for the specific purpose of funding the application to set aside the judgment against Mr Chean, because no reliable cost estimate was provided and wider release would unduly prejudice the judgment creditors.