Commonwealth Bank of Australia v Forbat [2005] NSWSC 1075

Commonwealth Bank of Australia v Forbat [2005] NSWSC 1075

As Mr Forbat incurred a filing fee and possibly other allowable necessary expenses, including potentially costs for legal assistance not involving appearance, the plaintiff is ordered to pay the first defendant's costs on the ordinary basis; the question of recoverability of out-of-court legal costs is to be determined by a costs assessor.

Parties
Plaintiff: Commonwealth Bank of Australia; First Defendant: Stephen Forbat; Second Defendant: Australia and New Zealand Banking Group Limited
Jurisdiction
Australia
Judgment Date
20 October 2005
Procedural Posture
Civil / Costs Determination After Dismissal of Proceedings
Outcome
Order for costs in favour of first defendant; proceedings dismissed
Legal Topics
Costs, Jurisdiction, Costs Indemnity, Litigant in Person, Costs Recovery
Procedure Costs Jurisdiction Costs Indemnity Litigant in Person Costs Recovery

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Commonwealth Bank of Australia

Plaintiff

Stephen Forbat

First Defendant

Australia and New Zealand Banking Group Limited

Second Defendant

Procedural Posture

Civil / Costs Determination After Dismissal of Proceedings

Legal Issues

  1. 1 Whether a litigant in person may recover costs relating to legal advice from a lawyer who does not appear
  2. 2 Basis for awarding costs to a litigant in person after dismissal of proceedings

Ratio Decidendi

As Mr Forbat incurred a filing fee and possibly other allowable necessary expenses, including potentially costs for legal assistance not involving appearance, the plaintiff is ordered to pay the first defendant's costs on the ordinary basis; the question of recoverability of out-of-court legal costs is to be determined by a costs assessor.

Court Disposition

Order for costs in favour of first defendant; proceedings dismissed

Orders

  • Plaintiff to pay the first defendant's costs on the ordinary basis
  • The question of what should be allowed in relation to Paul Bard's charges to be determined, unless agreement is reached, by a costs assessor