Cachia v Hanes [1994] HCA 14

Cachia v Hanes [1994] HCA 14

Costs for litigants in person do not include compensation for time lost in preparation or conduct of their cases; only out-of-pocket expenses actually incurred may be recovered in accordance with the Supreme Court Act and Rules. The appeal is dismissed as the appellant is not entitled to the claimed costs for loss of earnings and travel beyond what is provided for in the rules.

Jurisdiction
Australia
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed with costs
Legal Topics
['costs Taxation' 'litigant in Person' 'party and Party Costs']
['civil Procedure'] ['costs Taxation' 'litigant in Person' 'party and Party Costs']

Case Brief

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ["Whether a litigant in person is entitled to compensation for loss of time and out-of-pocket expenses (travel) as 'costs' under the Supreme Court Act and Rules" 'Whether costs rules permit reimbursement for time lost in preparation and conduct of a case by an unrepresented litigant']

Ratio Decidendi

Costs for litigants in person do not include compensation for time lost in preparation or conduct of their cases; only out-of-pocket expenses actually incurred may be recovered in accordance with the Supreme Court Act and Rules. The appeal is dismissed as the appellant is not entitled to the claimed costs for loss of earnings and travel beyond what is provided for in the rules.

Court Disposition

Appeal dismissed with costs

Orders

  • ['Appeal dismissed with costs']