Inspector Nicholson v Pymble No 1 Pty Ltd & Molinara (No 3) [2011] NSWIRComm 59

Procedural Posture

Occupational Health and Safety Prosecution / Costs Determination After Defendants Found Not Guilty

Legal Issues

1. 1 ['Whether the defendants, having been found not guilty, are entitled to an order for costs against the prosecutor in occupational health and safety proceedings' 'Whether self-represented defendants are entitled to indemnity costs and additional compensation such as economic loss or special damages' 'The quantum and basis on which costs can be recovered by self-represented litigants']

Ratio Decidendi

The defendants are entitled to be reimbursed actual disbursements and reasonable witness expenses incurred in their successful defence. They are not entitled to indemnity costs, nor compensation for time and effort or other damages, as self-represented parties may only recover reasonable disbursements and witness expenses.

Court Disposition

Defendants awarded costs limited to actual disbursements and reasonable witness expenses, to be assessed.

Orders

• ['The prosecutor is to pay the defendants monies to reimburse actual disbursements reasonably incurred by them in and about the defence of the proceedings and witness expenses reasonably incurred during the conduct of the proceedings.' 'The amount of such monies is to be assessed by the Court in default of agreement.']