What type of costs may a court order in relation to a Mareva order?

Study for the New South Wales Civil Practice and Procedure Test. Engage with multiple choice questions, comprehensive explanations, and helpful insights. Ace your exam with confidence!

A court may order costs incidental to the application for a Mareva order, which is a form of interim relief used to prevent a defendant from dissipating assets to frustrate potential judgment. This includes a wide range of expenses that arise directly from the application process, such as legal fees, any necessary third-party costs related to the hearing, and other associated expenditures that the applicant incurs in pursuing the Mareva order.

This answer reflects the understanding that courts have discretion in awarding costs as they consider necessary to ensure fairness and integrity in the judicial process. The comprehensive nature of costs incidental to the application means they can extend beyond mere legal fees and include various expenses that facilitate the application or evidence presented in court.

Other options like costs only against the losing party would misinterpret the nature of costs associated with Mareva orders, as the court may consider the specifics of the case when imposing costs rather than a blanket rule based on the outcome. Similarly, limiting costs to court filing fees or expenses for expert witnesses only overlooks the broader spectrum of costs that necessitate consideration to ensure proper representation and fair litigation practices.

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