Where an unrepresented applicant brings a hopeless application for leave to appeal, the fact that the applicant likely did not appreciate the hopelessness of the case due to lack of legal representation may be a factor weighing against an award of indemnity costs, even though the application was totally without merit. The Court may fix costs at a specified amount to avoid further litigation between the parties.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
2 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.