Glew v Frank Jasper Pty Ltd

[2008] WASCA 186

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Discontinued appeal
5. › Whether unreasonable institution of appeal justified indemnity costs order
6. › Whether special costs order appropriate alternative
1. Practice and Procedure
2. › Costs
3. › Special costs order
4. › Item 32 of Supreme Court scale of costs
5. › Recovery of time reasonably spent but not covered by other items in scale

Quick Take

Even where an appeal is unreasonable and doomed to fail, an indemnity costs order may be refused where the costs incurred before discontinuance were minimal and the costs of the indemnity costs application would exceed the costs sought to be recovered. A special costs order under item 32 of the Supreme Court scale may be an appropriate alternative.