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C Costs — legal practitioner and client scale — grant of — losing party a self-actor — action frivolous and vexatious and an abuse of court process — costs on higher scale appropriate
While normally a litigant should not be penalised with costs, especially when that litigant is a lay person, there may exist instances where a litigant — lay person or not, or self-actor or not — deserves to be mulcted with costs on an attorney-client scale. This could happen where the action is frivolous and vexatious and an abuse of court process and where the court considers that, as a result, it would be just, by means of such an order, to ensure, more effectively than it can do by means of a judgment for party and party costs, that the successful party will not be out of pocket in respect of the expense caused to it by the litigation.
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