1 Jun 2023
United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union Local 2009 v. Ghag
The plaintiff sought special costs from the defendants in a litigation case that concluded with a judgment in March 2021. The defendant, Sonny Ghag, was found responsible for disruptions at Mainland Sawmills in 2003. The main issue in the trial was whether the defendants had fraudulently conveyed properties and transferred shares to avoid liability. The court found them guilty of fraudulent conduct. The analysis of costs was based on the defendants' conduct during the proceeding rather than their prior actions. The legal principles for awarding special costs were based on the concept of "reprehensible" conduct. Dishonesty and intentional misleading of the court were considered when determining whether special costs should be awarded. In this case, the defendants did not have to pay special costs for pre-trial phases but were liable for special costs for the trial itself, where they attempted to deceive the court with false explanations.