The proportionality principle from [name withheld] v Google Inc may apply in the ACT as a species of abuse of process, but the absence of statutory equivalents to ss 56 and 60 of the Civil Procedure Act 2005 (NSW) makes it harder to establish. Dismissal or permanent stay on proportionality grounds will be rare and requires circumstances more extreme than a defamation claim with publication to 46-73 members of a political organisation, estimated costs of $550,000, and likely modest damages. The presence of the Human Rights Act 2004 (ACT) may also be relevant to the analysis.
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