High Court of Australia

Northern Territory v Sangare [2019] HCA 25

14 Aug 2019

Case Number: D11/2018

Before

Kiefel CJ, Bell, Gageler, Keane, Nettle JJ

Catchwords

Practice and procedure – Costs – Where respondent commenced defamation proceedings against appellant – Where appellant wholly successful on appeal and at first instance – Where appellant sought order that respondent pay its costs – Where Court of Appeal made no order as to costs because respondent's impecuniosity would likely render order futile – Whether appellant entitled to order for costs – Whether impecuniosity of unsuccessful party can alone justify decision to deny successful party its costs.

Words and phrases – "award", "costs", "discretion as to costs", "futility", "impecuniosity", "indemnity", "litigant-in-person", "litigation", "matters relating to costs", "successful party", "unmeritorious litigation", "unsuccessful party".

Northern Territory Supreme Court Act 1961 (Cth) – s 18.

Supreme Court Act 1979 (NT) – ss 14(1), 55(1), 71.

Supreme Court Rules 1987 (NT) – r 63. 03.
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