The applicant had sought permission to proceed with judicial review proceedings after having issues dismissed twice by the court of first instance and the court of appeal. The application was denied for being totally without merit. As a result, defendants in the proceedings made applications for the dismissal of the proceedings and an order for an assessment of their costs. The court notified the defendants and the applicant indicating that the Registry proposed to list the adjourned hearings on two dates. The defendants requested 19 September 2011 and the applicant was notified but did not appear. The court held that the claims be dismissed on the basis that, to pursue them, would be an abuse of process in the circumstances that these matters had already been litigated. The court stated that the defendants were to have their costs of the proceedings on an indemnity basis. The applicant was to pay costs incurred as a result of the abuse of process on a full indemnity basis. The assessment of costs was therefore referred to the Registry.