MARONIS HOLDINGS LTD v NIPPON CREDIT AUST. LTD [2002] NSWSC 838

MARONIS HOLDINGS LTD v NIPPON CREDIT AUST. LTD [2002] NSWSC 838

A litigant, even when unrepresented or appearing in person as a witness, is not entitled to costs for time spent in preparation of the case or affidavits, but may recover ordinary witness's fees for days of evidence and reasonable disbursements; the costs were thus assessed accordingly.

Jurisdiction
Australia
Judgment Date
12 September 2002
Procedural Posture
Costs Assessment / Post Judgment (costs and Interest)
Outcome
Costs assessed; payment ordered.
Legal Topics
['costs' "witnesses' Fees" 'interest on Costs' 'litigants in Person']
['civil Procedure'] ['costs' "witnesses' Fees" 'interest on Costs' 'litigants in Person']

Case Brief

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Procedural Posture

Costs Assessment / Post Judgment (costs and Interest)

Legal Issues

  1. 1 ['Entitlement of litigant in person to witness fees and recompense for time spent preparing affidavits' 'Assessment of reasonable costs, including interest and disbursements']

Ratio Decidendi

A litigant, even when unrepresented or appearing in person as a witness, is not entitled to costs for time spent in preparation of the case or affidavits, but may recover ordinary witness's fees for days of evidence and reasonable disbursements; the costs were thus assessed accordingly.

Court Disposition

Costs assessed; payment ordered.

Orders

  • ["Order that the plaintiffs pay the fifth defendant's costs, witness's expenses and interest assessed at $47,478.69"]