Australian Competition and Consumer Commission v A.C.N. 099 814 749 Pty Ltd (No 2) [2016] FCA 572

Australian Competition and Consumer Commission v A.C.N. 099 814 749 Pty Ltd (No 2) [2016] FCA 572

Because Mr Wright was a self-represented litigant who was not a lawyer, he could not recover costs for his time or compensation or damages said to arise from the proceeding; however, he was entitled to reimbursement of any Court filing fees paid to file documents in connection with the proceeding as out-of-pocket expenses.

Jurisdiction
Australia
Judgment Date
20 May 2016
Procedural Posture
Regulator and Consumer Protection Proceeding / Costs Orders Determined on the Papers After Dismissal of the Applicant's Application
Outcome
Order 1 of the orders dated 22 April 2016 was set aside; the applicant was ordered to reimburse the third respondent for any Court filing fees he paid to file documents in connection with the proceeding; otherwise, there was no order for costs.
Legal Topics
['costs of Self Represented Litigants' 'reimbursement of Filing Fees' 'no Order for Costs' 'federal Court Costs Discretion']
['civil Procedure' 'costs' 'regulator and Consumer Protection'] ['costs of Self Represented Litigants' 'reimbursement of Filing Fees' 'no Order for Costs' 'federal Court Costs Discretion']

Case Brief

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Procedural Posture

Regulator and Consumer Protection Proceeding / Costs Orders Determined on the Papers After Dismissal of the Applicant's Application

Legal Issues

  1. 1 ['Whether the third respondent, a self-represented non-lawyer, was entitled to costs beyond the existing no order for costs.' 'Whether the third respondent was entitled to reimbursement of Court filing fees paid in connection with the proceeding.']

Ratio Decidendi

Because Mr Wright was a self-represented litigant who was not a lawyer, he could not recover costs for his time or compensation or damages said to arise from the proceeding; however, he was entitled to reimbursement of any Court filing fees paid to file documents in connection with the proceeding as out-of-pocket expenses.

Court Disposition

Order 1 of the orders dated 22 April 2016 was set aside; the applicant was ordered to reimburse the third respondent for any Court filing fees he paid to file documents in connection with the proceeding; otherwise, there was no order for costs.

Orders

  • ['Order 1 of the orders dated 22 April 2016 be set aside.' 'The applicant is to reimburse the third respondent for any Court filing fees he paid to file documents in connection with this proceeding.' 'Otherwise, there is no order for costs in this proceeding.']