McLaren v Lewis (No 2) [2011] NSWLEC 176

The items claimed by Mr Lewis are not recoverable as 'costs' under applicable legislation and rules, and, in any event, the circumstances do not make it fair and reasonable to order costs.

Parties: Applicant: Mrs S McLaren; Respondent: Mr G Lewis
Jurisdiction: Australia
Judgment Date: 07 September 2011
Procedural Posture: Notice of Motion for Costs / Post Judgment Costs Application
Outcome: Notice of motion for costs dismissed
Legal Topics: Pruning of Hedge, Trees (disputes Between Neighbours) Act 2006, Costs of Proceedings, Litigant in Person

Costs Environmental Law Pruning of Hedge Trees (disputes Between Neighbours) Act 2006 Costs of Proceedings Litigant in Person

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 8

Parties

Mrs S McLaren

Applicant

Mr G Lewis

Respondent

Procedural Posture

Notice of Motion for Costs / Post Judgment Costs Application

Legal Issues

1 Whether costs claimed by a litigant in person are recoverable
2 Whether it is fair and reasonable in the circumstances to order payment of costs

Ratio Decidendi

The items claimed by Mr Lewis are not recoverable as 'costs' under applicable legislation and rules, and, in any event, the circumstances do not make it fair and reasonable to order costs.

Court Disposition

Notice of motion for costs dismissed

Orders

Mr Lewis' notice of motion filed 25 July 2011 is dismissed.
There is no order as to costs of and in relation to that notice of motion.