ISAACS v CACHIA [1989] NSWCA 105

ISAACS v CACHIA SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY P 4 September 1989 [1989] NSWCA 105

COSTS — Suitors' Fund Act 1951 — application for certificate — other litigant opposes grant — whether has standing to do so — argues that certificate should be denied for "irresponsible" arguments — held: (Assuming opponent has an interest entitling him to be heard in opposition to the grant of the certificate) The argument was not irresponsible and the premises to the application of the Act being made out the claimants were entitled to the certificate they sought.

Suitors' Fund Act 1951, s6. Supreme Court Act 1970, s46.

1. To the orders of the Court of 23 March 1989 be added an order, namely that the claimants have a certificate under the Suitors' Fund Act 1951 in respect of the costs of the Opponent's appeal to this Court. 2. No order as to the costs of the application for the certificate.

Kirby P On 23 March 1989 the Court constituted by Samuels JA, Clarke JA and myself allowed an appeal by the opponent, Mr Cachia, from an order which Grove J had made on 10 April 1987. By that order, Grove J had dismissed the opponent's application for a review of a taxing officer's assessment of the costs payable by the claimants to the opponent in respect of proceedings both in the Common Law Division of the Supreme Court and the Court of Appeal.

The proceedings before Grove J, and the appeal from his order to this Court, raised a number of questions of law, namely, whether, in a taxation of costs on a party and party basis, a successful litigant in person is entitled to any allowance for: (a) The time spent in preparing the case and attending court to organise the case and otherwise in connection with the proceedings; (b) Money paid for performing services such as typing, photocopying and services ordinarily performed by a solicitor; (c) Travelling and other expenses, including postage, incurred by the litigant and by third parties performing services in connection with the proceedings; (d) The purchase of copies of relevant legislation; (e) Expenditure incurred and interest foregone in connection with providing security for costs in accordance with the orders of the Court.