Bollag, Jurg & Anor v The Attorney-General of the Commonwealth & Ors (No. 2) [1997] FCA 1259

Bollag, Jurg & Anor v The Attorney-General of the Commonwealth & Ors (No. 2) [1997] FCA 1259

The applicants misused and abused the litigation process by contesting the proceedings in a manner that fragmented and dislocated the criminal investigation, raising grounds without explanation as to why they were not raised earlier. This amounted to special or unusual circumstances justifying an order for indemnity costs.

Jurisdiction
Australia
Judgment Date
30 October 1997
Procedural Posture
Application / Post Judgment Costs Order
Outcome
Order for indemnity costs in favour of respondents
Legal Topics
['costs' 'abuse of Process']
['civil Procedure'] ['costs' 'abuse of Process']

Case Brief

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Procedural Posture

Application / Post Judgment Costs Order

Legal Issues

  1. 1 ["Whether the applicants' conduct warranted an order for indemnity costs" 'Whether there was an abuse of process justifying departure from the usual order as to costs']

Ratio Decidendi

The applicants misused and abused the litigation process by contesting the proceedings in a manner that fragmented and dislocated the criminal investigation, raising grounds without explanation as to why they were not raised earlier. This amounted to special or unusual circumstances justifying an order for indemnity costs.

Court Disposition

Order for indemnity costs in favour of respondents

Orders

  • ['Paragraph 2 of the earlier orders is vacated.' "The applicants are to pay the respondents' costs on an indemnity basis, except insofar as those costs are of an unreasonable amount or were unreasonably incurred."]