Lo v Iverach

The parties to this proceeding were Lo and Iverach. The dispute concerned the assessment of costs following the conclusion of earlier proceedings. The Court of Appeal of New South Wales was required to determine whether the earlier proceedings had concluded, and if so, whether the continued contention that they were interlocutory constituted an abuse of process.

The central legal issue before the Court was whether the proceedings had reached a final conclusion, thereby entitling the respondent to seek costs. The applicant had argued that the proceedings were still interlocutory, a position the Court found to be unarguable. Consequently, the Court considered whether this persistent assertion, in the face of the proceedings having concluded, amounted to an abuse of process.

The Court reasoned that the earlier proceedings had indeed concluded, and therefore the applicant's argument that they remained interlocutory was without merit. The Court found that the applicant's continued contention was an abuse of process. The notice of motion filed on 2 September 2008 was dismissed with costs, and subsequently, these costs were ordered on an indemnity basis.