Director of Public Prosecutions v Ali [No 2]

The Director of Public Prosecutions sought an appeal against the refusal of a restraining order against the respondent's property. The trial judge had declined the application for a restraining order under the Confiscation Act 1997. The primary legal issue in the appeal was whether the Director was entitled to the costs of the proceedings on appeal, given the statutory scheme governing costs in such cases. The appeal court considered whether the statutory provisions precluded the Director from being awarded costs, drawing on the case of Director of Public Prosecutions v Le (No 2) [2007] VSCA 57.

The appeal court noted that the statutory framework for costs in confiscation proceedings is set out in the Confiscation Act 1997 and the Supreme Court Act 1986. Section 133A of the Confiscation Act 1997 provides that the court may order the payment of costs as it thinks fit. Section 24(1) of the Supreme Court Act 1986 allows the court to order costs in any proceeding, including appeals, unless the court is satisfied that an order should not be made. The court also considered the Appeal Costs Act 1998, which outlines the circumstances in which costs may be awarded on appeal. The appeal court found that the statutory provisions did not preclude the Director from being awarded costs in this case, as the costs were related to the confiscation proceedings themselves.

Having considered the statutory provisions, the appeal court concluded that the Director was entitled to the costs of the appeal. The statutory scheme did not prevent the award of costs to the Director in these circumstances. The court ordered that the Director recover the costs of the appeal from the respondent. This decision reinforced the principle that costs may be awarded in confiscation proceedings, subject to the discretion of the court and the statutory framework.