Balog v Independent Commission Against Corruption

The High Court of Australia considered an application by Balog concerning costs orders made in proceedings before Mr Justice Smart in the Supreme Court of New South Wales. The Independent Commission Against Corruption (ICAC) was the other party involved in the dispute.

The central legal issue before the High Court was the interpretation and effect of a previous costs order made by the Court on 28 June 1990. Specifically, the Court had to determine whether that order intended to preclude any costs being awarded in the Supreme Court proceedings.

The Chief Justice, Mason CJ, clarified that the Court's prior order of 28 June 1990 was intended to mean that there should be no order as to the costs of the proceedings in the Supreme Court of New South Wales. Consequently, the High Court dismissed the notice of motion before it, with costs.