The Full Court of the Supreme Court of Western Australia declined to award indemnity costs against the applicant despite the majority having found the proceedings constituted an abuse of process. The Court held that a finding of abuse of process is capable of constituting special circumstances warranting indemnity costs, but on the facts this was not a case where the applicant should have known his case was manifestly unarguable, particularly given the difference of views among the bench and the fact that another judge had granted an order nisi. Standard party-party costs were ordered with a certificate for second counsel.
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