In December 2016 the Magistrates' Court ordered Mr Kuek to pay Ms Phillips approximately $36,000 for work performed by her as a law clerk. An appeal by Mr Kuek to the Supreme Court was dismissed by Justice Forrest, who ordered that he pay Ms Phillips' costs on an indemnity basis. Mr Kuek then appealed to the Court of Appeal.

The issues on appeal included the power of a Magistrate to reinstate a proceeding, whether the tender of $391 for court costs brought Ms Phillips' complaint to an end, apprehended bias, the nature of the arrangement between Mr Kuek and Ms Phillips, and whether costs ought to have been awarded on an indemnity basis. The Court of Appeal dismissed the application for leave to appeal and ordered Mr Kuek to pay Ms Phillips' costs on an indemnity basis.

Read the Court's full judgment on AustLII (External link)

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