Fisher v Transport for NSW (No 2) [2017] NSWSC 146

Supreme Court New South Wales

Medium Neutral Citation: Fisher v Transport for NSW (No 2) [2017] NSWSC 146 Hearing dates: 22 February 2017 Decision date: 22 February 2017 Jurisdiction: Common Law Before: McCallum J Decision: Defendant to pay the plaintiff's costs of the hearing determined in my judgment Fisher v Transport NSW [2016] NSWSC 1888 Catchwords: COSTS – where self-represented plaintiff seeking costs of retaining solicitor to assist preparation – defendant to pay the plaintiff's costs Cases Cited: Fisher v Transport NSW [2016] NSWSC 1888. Category: Procedural and other rulings Parties: Brian Stanley Fisher (plaintiff) Transport for New South Wales (first defendant) Roads and Maritime Service (second defendant) Administrative Decisions Tribunal (third defendant) Representation: Counsel: Plaintiff self-represented J Keevers-Ryles (defendants)

Solicitors: Hunt & Hunt (defendants) File Number(s): 2014/242718

Judgment 1. HER HONOUR: In these proceedings on 22 December 2016 I granted the relief sought by Mr Fisher, the plaintiff. Mr Fisher now seeks his costs of the hearing. Although he represented himself in the proceedings, he informs the Court that he retained a solicitor for the purpose of assisting him to prepare for the argument. He seeks the costs of retaining that solicitor together with the filing fee and expenses including travel and accommodation. 2. The defendant does not oppose an order that it pay the plaintiff's costs of the hearing. However, there being no amount yet specified, it is not possible for the Court to quantify the sum. 3. The only appropriate order today is to order the defendant to pay the plaintiff's costs of the hearing determined in my judgment Fisher v Transport NSW [2016] NSWSC 1888. It is not necessary to add "as agreed or assessed" because that is implicit in the regime.