Fisher v Transport for NSW (No 2)

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

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.
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.
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.

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CaseChat Overview and Summary

In the case of Fisher v Transport for NSW (No 2), the plaintiff, Fisher, was involved in a road accident with a bus operated by Transport for NSW, the defendant. Fisher, who represented himself in the proceedings, sought costs for retaining a solicitor to assist with the preparation of his case. The matter was heard in the Supreme Court of New South Wales. The central issue before the court was whether Fisher, as a self-represented litigant, was entitled to recover the costs of retaining a solicitor to assist with the preparation of his case.

The court considered whether the self-represented plaintiff was entitled to claim costs for the services of a solicitor retained to assist with case preparation. The court recognised that while a self-represented party is not generally entitled to legal costs, there are exceptions where it may be appropriate to award such costs. The court held that where a self-represented party incurs costs in retaining a solicitor to assist with the preparation of their case, and those costs are reasonable and necessary, the defendant may be ordered to pay those costs. The court reasoned that the costs were necessary to ensure the plaintiff had a fair opportunity to present their case, and the defendant should bear those costs.

In light of the above, the court ordered that Transport for NSW pay Fisher’s costs of retaining a solicitor to assist with the preparation of his case. The court found that the costs were reasonable and necessary and that Transport for NSW should bear those costs. This decision provides guidance to self-represented litigants in personal injury cases in New South Wales and highlights the importance of ensuring that all parties have a fair opportunity to present their case.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

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