Andrew O’Brien KC (leading J B O’Brien) appeared on behalf of the plaintiff, instructed by K2 Law.
The plaintiff commenced proceedings against the defendant seeking recovery of money allegedly overpaid by mistake. In summary, this proceeding was a costs application by which the plaintiff sought an order that the defendant’s sole director, Mr Colley, as a non-party, pay the plaintiff’s costs of the proceeding. The Court ordered Mr Colley to pay the plaintiff’s costs of the proceeding on an indemnity basis. In doing so, the Court opined that Mr Colley was the guiding mind behind the defendant and that his conduct throughout the proceeding was improper, misleading, and an abuse of process. Accordingly, the Court considered it in the interest of justice that Mr Colley personally bear the plaintiff’s costs of the proceeding.
The judgment can be read by clicking here
