Fisher v Transport for NSW (No 2)

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.