MULROY & PERCELL

In the matter of *Mulroy & Percell*, heard before Johnston J, the court considered two applications arising from a property dispute. The first application concerned an attempt to enforce a costs order, while the second sought a review of that same costs assessment order.

The primary legal issues before the court were whether an enforcement warrant for a costs order was validly issued and whether the respondent should be granted an extension of time to review the costs assessment order. The applicant argued that the respondent had ample opportunity to challenge the costs assessment, while the respondent contended he was unaware of the assessment until receiving the enforcement warrant.

Johnston J determined that the enforcement warrant was invalid because it was issued by the applicant's legal representatives without the applicant's specific instructions. Consequently, the court dismissed the enforcement warrant. Regarding the review of the costs assessment, the court found that the respondent had not been aware of the costs assessment notice until the enforcement warrant was issued. Accordingly, the court granted the respondent leave to file an application for review of the costs assessment order and deemed his filed application to have effect from an earlier date.