Pekar v Holden (No 2) [2021] FCA 343

The applicant's proceeding lacked reasonable prospects of success and amounted to an abuse of process, justifying an indemnity costs order.

Parties: Applicant: Fima Pekar; Respondent: Timothy Mark Shuttleworth Holden
Jurisdiction: Australia
Judgment Date: 14 April 2021
Procedural Posture: Costs Application / Post Judgment
Outcome: Indemnity costs awarded against applicant, payable out of applicant's bankrupt estate.
Legal Topics: Costs, Indemnity Costs, Abuse of Process

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Fima Pekar

Applicant

Timothy Mark Shuttleworth Holden

Respondent

Costs Application / Post Judgment

1 Whether the substantive application lacked reasonable prospects of success or amounted to an abuse of process
2 Whether the court should exercise discretion to order indemnity costs

The applicant's proceeding lacked reasonable prospects of success and amounted to an abuse of process, justifying an indemnity costs order.

Indemnity costs awarded against applicant, payable out of applicant's bankrupt estate.

The applicant pay the respondent's costs of the proceeding (including those pertaining to the respondent's interlocutory application dated 10 February 2021), such costs to be assessed (if not agreed) on an indemnity basis and paid out of the applicant's bankrupt estate.