Anne v Ask Funding Ltd (No 2) [2015] FCA 1351

Anne v Ask Funding Ltd (No 2) [2015] FCA 1351

The appellant, a litigant in person, succeeded in her appeal and is entitled to out-of-pocket expenses actually, necessarily and reasonably incurred, but only half such expenses, given her limited success and inefficiency in pursuing grounds of appeal.

Jurisdiction
Australia
Judgment Date
02 December 2015
Procedural Posture
Appeal / Post Judgment (costs Determination)
Outcome
First respondent to pay half of the appellant's out-of-pocket expenses actually, necessarily and reasonably incurred in connection with the appeal.
Legal Topics
['litigant in Person Costs' 'bankruptcy Notice Validity' 'appeal Costs']
['bankruptcy' 'costs'] ['litigant in Person Costs' 'bankruptcy Notice Validity' 'appeal Costs']

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 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Post Judgment (costs Determination)

Legal Issues

  1. 1 ['Whether a litigant in person is entitled to costs upon succeeding in an appeal' 'What costs, if any, may be awarded to a litigant in person' 'Whether the conduct of solicitors or of AFSA affects the costs order']

Ratio Decidendi

The appellant, a litigant in person, succeeded in her appeal and is entitled to out-of-pocket expenses actually, necessarily and reasonably incurred, but only half such expenses, given her limited success and inefficiency in pursuing grounds of appeal.

Court Disposition

First respondent to pay half of the appellant's out-of-pocket expenses actually, necessarily and reasonably incurred in connection with the appeal.

Orders

  • ["The first respondent pay half the appellant's out-of-pocket expenses actually, necessarily and reasonably incurred in connection with the appeal."]