Published 01 August 2017
Costs — indemnity — vexatious litigant — District Court Rules 2014, e 14.6 (4) (a) — Copyright Act 1994, s 130. The defendant in the matter sought indemnity costs against the plaintiff under the District Court Rules with reference to the Copyright Act setting out that the court may order damages for any loss suffered by the defendant. The court found that the plaintiff had used court processes unfairly and for an ulterior and improper notice as they were being used to protect the reputation of the plaintiff. The court found that the plaintiff had acted vexatiously in continuing proceedings after being put on notice in regards to the consequences of being unsuccessful by the defendant. Indemnity costs were awarded to the defendants on the whole proceeding. Judgment Date: 5 April 2017.
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