He v Hecker (No 2) [2013] NSWSC 1698

He v Hecker (No 2) [2013] NSWSC 1698

The costs of the appeal follow the event, and as Ms He was unsuccessful, she must pay Ms Hecker's costs on an ordinary basis. A gross fixed sum is awarded in lieu of an assessed sum, limited to allowable disbursements and witness expenses for self-represented litigants. Claims for Local Court costs and compensation for general loss of income are disallowed except for permitted witness expenses, following the established legal principles prohibiting broader recovery for self-represented litigant time.

Jurisdiction
Australia
Judgment Date
19 November 2013
Procedural Posture
Appeal / Judgment on Costs Following Dismissal of Appeal
Outcome
Costs of appeal awarded to defendant; gross fixed sum ordered for costs; other Local Court costs disallowed.
Legal Topics
['costs' 'self Represented Litigants' 'gross Fixed Sum Order' 'appeal From Local Court']
['civil Procedure'] ['costs' 'self Represented Litigants' 'gross Fixed Sum Order' 'appeal From Local Court']

Case Brief

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Procedural Posture

Appeal / Judgment on Costs Following Dismissal of Appeal

Legal Issues

  1. 1 ['Whether the plaintiff or defendant is entitled to costs of the appeal' 'Whether a self-represented litigant may claim compensation for loss of income' 'Whether gross sum costs order should be made']

Ratio Decidendi

The costs of the appeal follow the event, and as Ms He was unsuccessful, she must pay Ms Hecker's costs on an ordinary basis. A gross fixed sum is awarded in lieu of an assessed sum, limited to allowable disbursements and witness expenses for self-represented litigants. Claims for Local Court costs and compensation for general loss of income are disallowed except for permitted witness expenses, following the established legal principles prohibiting broader recovery for self-represented litigant time.

Court Disposition

Costs of appeal awarded to defendant; gross fixed sum ordered for costs; other Local Court costs disallowed.

Orders

  • ["The plaintiff is to pay the defendant's costs of the appeal on an ordinary basis." "The plaintiff is to pay the defendant's costs of these proceedings in the gross fixed sum of $948.15."]