Council of the New South Wales Bar Association v Archer (No 5)

The case of Council of the New South Wales Bar Association versus Archer (No 5) involved the Council of the New South Wales Bar Association as the applicant and Archer as the respondent. The dispute arose from Archer's challenge to a summons issued by the Council. The matter was heard in the Supreme Court of New South Wales. The Council sought an order that Archer pay the costs of an application made by a third party to set aside the summons.

The court needed to determine whether the applicant was entitled to an order for costs against the respondent in relation to the third party's application to set aside the summons. The applicant argued that Archer should bear the costs of the third party's application. Archer, on the other hand, contended that she should not be liable for the costs. The court considered the circumstances in which the summons was issued, the nature of the third party's application, and the overall conduct of the proceedings.

The court found that Archer's conduct in relation to the third party's application was vexatious and oppressive. It concluded that she was not a proper party to the application to set aside the summons. The court determined that Archer should be liable for the costs of the third party's application, including the costs of the current application for an award of costs. The court ordered that the applicant was to pay the costs, as agreed or assessed, of the third party's application to set aside the summons. The amount to be paid should include the costs of this application for an award of costs.