Balog v Independent Commission Against Corruption

Case [1991] HCATrans 359


IN THE HIGH COURT OF AUSTRALIA
Office of the Registry
Sydney No S28 of 1990

B e t w e e n -

TIBOR BALOG

Appellant

and

INDEPENDENT COMMISSION AGAINST

CORRUPTION

Respondent

Order for costs

MASON CJ
BRENNAN J
DEANE J
DAWSON
TOOHEY J
GAUDRON J

McHUGH J

Balog(4) 1 12/12/91

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 12 DECEMBER 1991, AT 11.05 AM

Copyright in the High Court of Australia

MASON CJ:  The Court, by its order made on 28 June 1990,

intended that there should be no order as to the
costs of the proceedings before Mr Justice Smart in

the Supreme Court of New South Wales.

Accordingly the order which the Court makes on

the notice of motion is: motion dismissed with

costs.

AT 11.06 AM THE MATTER WAS ADJOURNED SINE DIE

Balog 2 12/12/91
Details
AGLC
Balog v Independent Commission Against Corruption [1991] HCATrans 359
Case
[1991] HCATrans 359
Decision Date

CaseChat Overview and Summary

The High Court of Australia considered an application by Balog concerning costs orders made in proceedings before Mr Justice Smart in the Supreme Court of New South Wales. The Independent Commission Against Corruption (ICAC) was the other party involved in the dispute.

The central legal issue before the High Court was the interpretation and effect of a previous costs order made by the Court on 28 June 1990. Specifically, the Court had to determine whether that order intended to preclude any costs being awarded in the Supreme Court proceedings.

The Chief Justice, Mason CJ, clarified that the Court's prior order of 28 June 1990 was intended to mean that there should be no order as to the costs of the proceedings in the Supreme Court of New South Wales. Consequently, the High Court dismissed the notice of motion before it, with costs.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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