The defendant, Minling (Yinning) Cheng, was found in contempt on February 7, 2024, for failing to disclose her assets as ordered.
The defendant attempted to stay the enforcement of this contempt finding, but her application for a stay was dismissed by the Court of Appeal on February 26, 2024.
Key Points:
Contempt Finding: Cheng failed to comply with an order from October 2022 to disclose assets, leading to contempt.
Stay Application: Cheng appealed and sought a stay of the contempt order, which was dismissed. The costs of this application were remitted to Justice Dunlop for determination.
Costs Submissions:
Plaintiff sought $5,139.30 in enhanced costs.
Defendant argued that she should not pay any costs and instead be awarded $5,000.
Defendant also raised misconduct allegations against the plaintiff's lawyer, which were not considered due to procedural issues.
Ruling on Costs:
The plaintiff, as the successful party, was awarded $4,218.75 in costs, with disbursements and GST added, totaling $5,497.64.
An additional $1,000 was awarded for costs related to the cost determination process itself.
