11 Oct 2023
The appeal was substantially without merit and effectively hopeless, evidenced by voluminous irrelevant material and unarguable grounds; accordingly indemnity costs under r 14.6(4)(a) are justified. The court assessed reasonable actual costs at $48,000 excluding GST (equating to $55,200 including GST) and, adding disbursements, fixed the appellant's liability at $55,250.
14 Sept 2020
Dismissal of the recall application on the basis that the Court of Appeal's reconsideration demonstrated the affidavit errors and deletions did not create a real risk of miscarriage of justice, the deleted material was not likely to have produced a favourable result for the applicant, and no issue of general or public importance arises to justify recalling the Supreme Court leave decision.
29 Aug 2014
The Court declined to award indemnity costs because the appellant's conduct, while wide-ranging and somewhat unfocused, did not amount to the exceptional conduct required for indemnity; instead the first respondent was awarded costs on a 2B basis in accordance with Mr Brittain's memorandum.