Frigger v Professional Services of Australia Pty Ltd [No 3]

[2014] WASCA 69

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Freezing orders
4. › Costs where proceedings not determined on merits
5. › Whether Ex parte Lai Qin principles applicable where party swore false affidavits
6. › Indemnity costs
7. › Whether improper conduct justified indemnity costs order
8. › Rules of the Supreme Court 1971 (WA), O 52A
1. Practice and Procedure
2. › Costs
3. › Non-party costs orders
4. › Whether costs order against non-party who gave undertaking at court's direction
5. › Considerable caution required
6. › Whether allegations of dishonesty against non-party justified non-party's appearance
1. Practice and Procedure
2. › Appeal
3. › Appellate review of discretionary costs orders
4. › Whether discretion miscarried
5. › House v The King (1936) 55 CLR 499
1. Practice and Procedure
2. › Appeal
3. › Extension of time to appeal
4. › Whether grounds of appeal have merit
5. › Whether respondent prejudiced by delay

Quick Take

The Ex parte Lai Qin principles governing costs where proceedings are not determined on the merits do not apply, or are displaced, where a party has engaged in improper conduct such as swearing false or contradictory affidavits that affected the course of justice. In such circumstances, indemnity costs may be ordered as a sanction for the improper conduct. A non-party who gives an undertaking at the court's direction and is then subjected to unfounded allegations of dishonesty is entitled to appear by counsel and to recover costs from the party making those allegations.