Beling v Sixty International S.A. (No 2) [2015] FCA 355

Beling v Sixty International S.A. (No 2) [2015] FCA 355

The applicant, as a self-represented solicitor litigant, is not entitled to indemnity costs absent a contractual liability to pay professional fees; he may be awarded costs assessed by reference to what is objectively reasonable and in accordance with the applicable scale. The respondent's rejection of the applicant's reasonable Calderbank offer justified a costs award, but only on a standard basis. A lump sum of $11,537 payable to the applicant is fair and appropriate, reflecting necessary and reasonable costs incurred.

Parties
Applicant: Joel Beling; Respondent: Sixty International S.A.
Jurisdiction
Australia
Judgment Date
17 April 2015
Procedural Posture
Costs Application / Post Judgment, Determination of Lump Sum Costs
Outcome
Costs awarded to applicant in lump sum
Legal Topics
Costs, Self Represented Solicitor Litigants, Calderbank Offers, Lump Sum Costs
Civil Procedure Costs Self Represented Solicitor Litigants Calderbank Offers Lump Sum Costs

Case Brief

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Parties

Joel Beling

Applicant

Sixty International S.A.

Respondent

Procedural Posture

Costs Application / Post Judgment, Determination of Lump Sum Costs

Legal Issues

  1. 1 Whether applicant is entitled to indemnity costs as a self-represented solicitor litigant
  2. 2 Appropriate quantum of lump sum costs to be awarded
  3. 3 Effect of Calderbank offers on costs assessment

Ratio Decidendi

The applicant, as a self-represented solicitor litigant, is not entitled to indemnity costs absent a contractual liability to pay professional fees; he may be awarded costs assessed by reference to what is objectively reasonable and in accordance with the applicable scale. The respondent's rejection of the applicant's reasonable Calderbank offer justified a costs award, but only on a standard basis. A lump sum of $11,537 payable to the applicant is fair and appropriate, reflecting necessary and reasonable costs incurred.

Court Disposition

Costs awarded to applicant in lump sum

Orders

  • The respondent is to pay to the applicant lump sum costs of $11,537.
  • The costs are to be paid on or before 15 May 2015.