Balog v Independent Commission Against Corruption

The parties to this matter were Balog (the appellant and applicant) and the Independent Commission Against Corruption (the respondent). The dispute concerned the costs associated with a step taken in relation to an appeal that had occurred in 1990. The High Court of Australia was asked to determine the matter based on written submissions from both parties.

The legal issue before the Court was how the costs of the current application should be determined, specifically whether they should follow the cause of the original appeal or be dealt with separately. The Court was also asked to consider whether to certify for counsel.

The Court reasoned that the costs of the present application should follow the decision of the Court as it was originally constituted in respect of the matter that was now in issue. This approach was agreed to by both parties. The Court also noted that certification for counsel was not required as the matter was being dealt with on written submissions.

The Court made an order that the costs of the application should follow the decision of the Court as it was originally constituted in respect of the matter now in issue. Certification for counsel was not granted.