Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
von Reisner v Commonwealth of Australia (No 2) [2009] FCAFC 172
COSTS – appeal – successful litigant in person was owner of a business providing litigation services – whether entitled to be compensated by a costs order for time spent or earnings lost in conducting proceeding – whether Chorley exception applies. Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules O 62 r 9 von Reisner v Commonwealth of Australia (2009) 177 FCR 531 cited Cachia v Hanes (1994) 179 CLR 403 followed Murphy v Arnoldus-Lewis and Anor [2009] NSWCA 142 cited Latoudis v Casey (1990) 170 CLR 534 referred to Secretary, Department of Foreign Affairs and Trade v Boswell (No 2) (1992) 39 FCR 288 disapproved Kerridge v Foley (unreported, Supreme Court of New South Wales, 19 August 1970) cited London Scottish Benefit Society v Chorley, Crawford, and Chester (1884) 13 QBD 872 disapproved Croker v Commissioner of Taxation (2002) 124 FCR 286 approved Ex Christmas Islanders Association Inc v Attorney-General (Cth) (No 2) (2007) 233 ALR 97 distinguished Fingleton v The Queen (2005) 227 CLR 166 referred to Sirros v Moore [1975] QB 118 referred to Bahonko v Sterjov [2007] FCA 1717 referred to Lawrence v Nikolaidis (2003) 57 NSWLR 355 approved KOIDU VON REISNER v COMMONWEALTH OF AUSTRALIA and STATE OF NEW SOUTH WALES
NSD 626 of 2008
SIOPIS, COWDROY AND REEVES JJ
8 DECEMBER 2009
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION NSD 626 of 2008
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
BETWEEN: KOIDU VON REISNER
Appellant
AND: COMMONWEALTH OF AUSTRALIA
First Respondent
STATE OF NEW SOUTH WALES
Second Respondent
JUDGES: SIOPIS, COWDROY AND REEVES JJ
DATE OF ORDER: 8 DECEMBER 2009
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