Campbell v Blackshaw (No 2)

In *Campbell v Blackshaw (No 2)*, the unsuccessful party in an appeal sought indemnity costs against the respondent. The applicant's claim for indemnity costs was based on allegations that the respondent had pursued a hopeless case, engaged in delay, failed to comply with court orders, and abused the process of the court. The matter was heard by Burns, Elkaim and Loukas-Karlsson JJ.

The central legal issue before the court was whether the conduct of the respondent warranted the award of indemnity costs, which are costs awarded on a higher basis than standard costs, typically requiring a higher degree of justification. This involved assessing whether the respondent's actions met the threshold for such an award, considering the allegations of a hopeless case, delay, non-compliance, and abuse of process.

The court considered the principles governing the award of indemnity costs. While acknowledging that such costs can be awarded in exceptional circumstances, the court found that the evidence presented by the applicant did not establish that the respondent's conduct rose to the level required to justify departing from the usual order for standard costs. The court was not satisfied that the respondent's case was demonstrably hopeless or that their conduct constituted an abuse of process warranting the imposition of indemnity costs.

Consequently, the application for indemnity costs was dismissed.