Solicitor-General v Botica HC Hamilton CIV 2006 419 530

[2007] NZHC 2122

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

CIV 2006 419 530

IN THE MATTER OF     the Proceeds of Crime Act 1991

BETWEEN  THE SOLICITOR-GENERAL Applicant

ANDMICHAEL WILLIAM BOTICA Respondent

AND  TSB BANK LIMITED Third Party

Hearing:         19 September 2007

Counsel:         J Mackie for Applicant

RAA Weir for Respondent
No appearance for third party

Judgment:      19 September 2007

RECALLED JUDGMENT OF RONALD YOUNG J

[1]      I refer to my judgment of 19 September 2007.

[2]      In  these  proceedings  the  Crown  accepted,  consequent  upon  the  District Court’s decision to refuse to order forfeiture of the property, that they could no longer maintain the restraining order.  I discharged it.

[3]      The respondent sought costs.  The applicant opposed costs.  After discussion and hearing submissions from counsel, I ordered costs in favour of the respondent on a 2B basis.

[4] After judgment, counsel for the applicant has pointed out s 88 of the Proceeds of Crime Act 1991. That section defines the circumstances under which the Court

THE SOLICITOR-GENERAL V MICHAEL WILLIAM BOTICA HC HAM CIV 2006 419 530  19 September

2007

may order the Crown to pay costs to a successful respondent. Neither counsel drew my attention to s 88 of the Proceeds of Crime Act 1991 prior to my decision earlier today. The proper course, therefore, is for me to recall my judgment ordering costs, set aside the costs order, and to invite submissions on costs.

[5]      The respondent will therefore file submissions on costs within 14 days, the applicant a further 14 days in reply.

“Ronald Young J”