Demlakian v Vilkev Pty Limited

In the matter of Demlakian v Vilkev Pty Limited, the court heard an appeal against a costs order made by the Civil and Administrative Tribunal of Tasmania (CTTT). The primary dispute involved the assessment of costs for a litigant in person, Demlakian, who was involved in proceedings against Vilkev Pty Limited. The Court of Appeal was tasked with reviewing the CTTT's decision on the nature and extent of costs that can be claimed by litigants in person.

The central legal issue revolved around the scope and quantum of costs allowable for a litigant in person who had successfully represented themselves in proceedings. Specifically, the court needed to determine whether the CTTT had correctly assessed the costs that could be claimed, given the circumstances of the case and the statutory framework governing costs for litigants in person. This included an examination of relevant legislative provisions and case law that guide the awarding of costs in such scenarios.

The Court of Appeal found that the CTTT had misapplied the legislative provisions in assessing the costs. It was determined that the CTTT had not sufficiently considered the extent to which costs claimed by a litigant in person should be proportionate and reasonable. As such, the court held that the CTTT had erred in law by awarding costs that were not appropriately limited to what is necessary and reasonable for the conduct of the proceedings. Consequently, the appeal was allowed in part, and the matter was remitted back to the CTTT for re-assessment of the costs.

The orders of the Court of Appeal were that the appeal was allowed in part and that each party bear their own costs. This decision underscores the importance of adhering to statutory guidelines and judicial precedents when determining the costs for litigants in person.