2 Dec 2009
LUCAS AND ANOR V PETERSON PORTABLE SAWING SYSTEMS LTD (IN LIQUIDATION) AND ANOR HC AK CIV 2001-404-3668
- Citation
- openlaw-f6f17b14_fbee_48c0_a4d4_95c9c6ead048.pdf
- Court
- High Court
Section 74 is directed to groundless threats of proceedings and is not designed to compensate a party for losses resulting from actual litigation once proceedings have been issued; the second defendant's pleaded counterclaim alleging both threats and the bringing of proceedings is mismatched to s74 and discloses no tenable cause of action and is therefore struck out; the second defendant is, however, entitled to reasonable disbursements of $2,419; costs otherwise lie where they fall and no party-party costs are awarded to the self-represented defendant.