Nyoni v Shire of Kellerberrin (No 3) [2013] FCA 1090

Nyoni v Shire of Kellerberrin (No 3) [2013] FCA 1090

The applicant's deliberate reintroduction of scandalous and objectionable claims (previously struck out), after having benefit of pro bono legal advice, justified an order for indemnity costs against him, notwithstanding his status as a litigant in person.

Jurisdiction
Australia
Judgment Date
24 July 2013
Procedural Posture
Interlocutory Application / Costs Decision Following Strike Out of Pleadings
Outcome
The applicant is ordered to pay the respondents' costs of the interlocutory applications filed 15 May 2012 on an indemnity basis. Costs of the day to be in the cause. Interlocutory application of 8 July 2013 adjourned. Directions hearing adjourned.
Legal Topics
['costs' 'indemnity Costs' 'strike Out Applications' 'scandalous Pleadings' 'self Represented Litigants']
['civil Procedure'] ['costs' 'indemnity Costs' 'strike Out Applications' 'scandalous Pleadings' 'self Represented Litigants']

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Procedural Posture

Interlocutory Application / Costs Decision Following Strike Out of Pleadings

Legal Issues

  1. 1 ["Whether the applicant should pay the respondents' costs on an indemnity basis following the strike out of scandalous pleadings"]

Ratio Decidendi

The applicant's deliberate reintroduction of scandalous and objectionable claims (previously struck out), after having benefit of pro bono legal advice, justified an order for indemnity costs against him, notwithstanding his status as a litigant in person.

Court Disposition

The applicant is ordered to pay the respondents' costs of the interlocutory applications filed 15 May 2012 on an indemnity basis. Costs of the day to be in the cause. Interlocutory application of 8 July 2013 adjourned. Directions hearing adjourned.

Orders

  • ["The applicant pay each of the respondents' costs of the interlocutory applications filed 15 May 2012 on an indemnity basis." 'The costs of today be in the cause.' 'The interlocutory application filed 8 July 2013 is adjourned.' 'The directions hearing is adjourned to 10.15 am on 9 September 2013.']