Commissioner of Police v Burgess

The case of Commissioner of Police v Burgess involved an application for costs brought by Mrs Burgess, the second respondent, in relation to four interlocutory applications. The applications were brought by the Commissioner of Police, the applicant, under the Criminal Proceeds (Recovery) Act 2009. The legal issues included whether Mrs Burgess was entitled to costs for the interlocutory applications, the degree of success she achieved, and the appropriate amount and type of costs to be awarded. The court found that Mrs Burgess was entitled to costs for Applications Two, Three, and Four, as she had achieved some measure of success in opposing the Commissioner's applications. However, the costs for Application One were to be determined by one of the judges who heard that application. The court also noted that the Commissioner's conduct in making unfounded allegations of fraud against Mrs Burgess warranted consideration for an award of indemnity costs. The court ordered Mrs Burgess to quantify her costs and provided the Commissioner an opportunity to be heard on the matter of indemnity costs.

The court's reasoning was based on the principles that costs follow the event and the general principle that a successful party in civil proceedings is usually awarded scale costs. The court considered the appropriate category of costs and the need for an uplift in the costs awarded. It was noted that the Commissioner had not adequately addressed the costs application and had made unfounded allegations of fraud against Mrs Burgess. The court decided to allow Mrs Burgess to quantify her costs and set a timetable for the parties to exchange memoranda on the costs application. The variation to the timetable sought by Mrs Burgess was approved as there was no prejudice arising from it.