King & Anor v Greenwood (No.4) [2023] NSWDC 5

King & Anor v Greenwood (No.4) [2023] NSWDC 5

Self-represented plaintiffs are entitled to recover only out-of-pocket expenses that would have been recoverable as disbursements if legally represented, and the first plaintiff may recover witness expenses for giving evidence; indemnity costs are not available beyond these categories.

Parties
First Plaintiff: Mr C King; Second Plaintiff: Mrs J King; Defendant: Mr A Greenwood
Jurisdiction
Australia
Judgment Date
30 January 2023
Procedural Posture
Civil / Costs Determination Post Trial
Outcome
Plaintiffs entitled to recover out-of-pocket expenses (as would have been recoverable as disbursements if legally represented), and the first plaintiff is entitled to witness expenses for giving evidence.
Legal Topics
Self Represented Litigants' Costs, Indemnity Costs, Disbursements Recovery
Costs Defamation Self Represented Litigants' Costs Indemnity Costs Disbursements Recovery

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Parties

Mr C King

First Plaintiff

Mrs J King

Second Plaintiff

Mr A Greenwood

Defendant

Procedural Posture

Civil / Costs Determination Post Trial

Legal Issues

  1. 1 Whether self-represented plaintiffs may recover costs and, if so, to what extent
  2. 2 Whether indemnity costs should be awarded to the plaintiffs

Ratio Decidendi

Self-represented plaintiffs are entitled to recover only out-of-pocket expenses that would have been recoverable as disbursements if legally represented, and the first plaintiff may recover witness expenses for giving evidence; indemnity costs are not available beyond these categories.

Court Disposition

Plaintiffs entitled to recover out-of-pocket expenses (as would have been recoverable as disbursements if legally represented), and the first plaintiff is entitled to witness expenses for giving evidence.

Orders

  • The plaintiffs are each entitled to out-of-pocket expenses, of a type that would have been recoverable as disbursements if legally represented and which they actually and reasonably incurred.
  • The first plaintiff is also entitled to expenses constituted by his giving evidence in the hearing as agreed to or assessed.