Bookarelli Pty Ltd v Katanga Developments Pty Ltd (No 2)

[2017] NSWCA 94

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Circumstances warranting departure from ordinary basis
5. › Whether case not reasonably arguable
6. › Whether successive unsuccessful challenges over modest amount warrant indemnity costs
7. › Civil Procedure Act 2005 (NSW), s 98(1)
8. › Uniform Civil Procedure Rules 2005 (NSW), rr 42.1, 42.2, 42.5(b)
1. Practice and Procedure
2. › Judicial review
3. › Costs consequences of unmeritorious judicial review applications
4. › Supervisory jurisdiction of Supreme Court
5. › Whether entitlement to invoke supervisory jurisdiction renders party immune from indemnity costs order

Quick Take

Indemnity costs may be ordered against a party pursuing judicial review where the case is not reasonably arguable, the weakness should have been apparent to legal advisors, and the application represents one of multiple unsuccessful challenges over a modest amount that has generated substantial costs and deprived the successful party of the fruits of a costs order. The entitlement to invoke the supervisory jurisdiction does not confer immunity from indemnity costs.