Nandutu v University of Sydney (No 2)

The case of Nandutu v University of Sydney (No 2) involved the plaintiff, Nandutu, who self-represented and was indigent, pursuing claims against the University of Sydney. The dispute centred on allegations of academic misconduct and the subsequent disciplinary action taken by the university against the plaintiff. The case was heard in the Federal Court of Australia.

The central legal issues addressed by the court were the assessment of costs in the substantive proceedings and the majority of the interlocutory proceedings, given that the substantive matter was resolved in favour of the defendant. The court was tasked with determining the appropriate costs to be borne by the plaintiff, considering his self-representation and financial circumstances.

The court held that, despite the plaintiff's indigence, the principle of "costs follow the event" mandated that the plaintiff should bear the costs of the substantive proceedings. However, recognising the plaintiff's financial situation, the court ordered that the plaintiff pay only a nominal sum for the majority of the interlocutory proceedings where costs had not previously been determined. This decision balanced the principle of "costs follow the event" with the need to avoid imposing an undue financial burden on the plaintiff.

The court's final orders included that the plaintiff was to pay costs of the substantive proceedings and a nominal sum for the majority of the interlocutory proceedings. This ruling ensured that the plaintiff's financial constraints were taken into account while upholding the legal principle regarding costs.