Ezekiel-Hart v Law Society of the Australian Capital Territory (No 2)

In the matter of Emmanuel Tam Ezekiel-Hart v The Law Society of the Australian Capital Territory and others, Refshauge ACJ was tasked with determining the costs associated with the proceedings. The primary issue for consideration was whether the usual order of costs following the event should apply, given the complex circumstances of the case, including the setting aside of a default judgment and the impecuniosity of the plaintiff. The court examined various submissions from both parties, including arguments about the refusal to participate in mediation, the denial of natural justice, and the issuing of an Unrestricted Practising Certificate. The court concluded that the failure to engage in mediation, if it occurred, did not warrant a departure from the usual order for costs due to the lack of evidence and the absence of merit in the plaintiff's case. Additionally, the court found that the plaintiff's impecuniosity and the alleged denial of natural justice did not provide sufficient grounds to deviate from the standard costs order. Ultimately, the court decided that the usual order for costs should apply, with the exception of the application and order to set aside judgment, for which there should be no order as to costs.