Oknalux Pty Ltd v Wilczynski (No 2) [2023] FCA 1444

Oknalux Pty Ltd v Wilczynski (No 2) [2023] FCA 1444

Because self-represented litigants may not recover remuneration for work done, loss of time, disadvantage or inconvenience in conducting litigation, the respondents were not entitled to costs for their own time; however, as they had incurred court fees and interpreter or translator fees and the applicants did not oppose recovery of those limited disbursements, leave to discontinue was granted with orders requiring payment of those disbursements and otherwise no order as to costs.

Jurisdiction
Australia
Judgment Date
14 November 2023
Procedural Posture
Costs and Discontinuance Application / Application for Leave to File a Notice of Discontinuance Before Trial
Outcome
Leave granted to file a notice of discontinuance; trial vacated; applicants to pay specified disbursements; otherwise no order as to costs.
Legal Topics
['notice of Discontinuance' 'leave to Discontinue' 'costs Discretion' 'self Represented Litigants' 'disbursements']
['civil Procedure' 'costs'] ['notice of Discontinuance' 'leave to Discontinue' 'costs Discretion' 'self Represented Litigants' 'disbursements']

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Procedural Posture

Costs and Discontinuance Application / Application for Leave to File a Notice of Discontinuance Before Trial

Legal Issues

  1. 1 ['Whether the applicants should be granted leave to file a notice of discontinuance where the respondents refused consent.' 'Whether self-represented respondents were entitled to costs of the action, including remuneration or compensation for time spent.' 'Whether the respondents should recover limited disbursements including court fees and interpreter or translator fees.']

Ratio Decidendi

Because self-represented litigants may not recover remuneration for work done, loss of time, disadvantage or inconvenience in conducting litigation, the respondents were not entitled to costs for their own time; however, as they had incurred court fees and interpreter or translator fees and the applicants did not oppose recovery of those limited disbursements, leave to discontinue was granted with orders requiring payment of those disbursements and otherwise no order as to costs.

Court Disposition

Leave granted to file a notice of discontinuance; trial vacated; applicants to pay specified disbursements; otherwise no order as to costs.

Orders

  • ['Leave to the applicant to file a notice of discontinuance.' 'The trial listed to commence on 11 December 2023 with 10 days set aside is vacated.' "The applicant is to pay the respondents' disbursements in the form of court fees paid by them and fees paid by them to any interpreter or translator, such fees to be...