Nyoni v Shire of Kellerberrin (No 3)

In the Federal Court of Australia, the matter of Nyoni v Shire of Kellerberrin (No 3) involved the applicant, Nyoni, a litigant in person, and multiple respondents, including the Shire of Kellerberrin. The dispute arose from Nyoni's legal actions against the respondents, which included scandalous allegations in his initial statement of claim. Pro bono counsel intervened to draft an amended statement of claim to remove these scandalous allegations, but Nyoni later withdrew the counsel's instructions and filed a substituted statement of claim that reintroduced the scandalous allegations. This led to the substituted statement of claim being struck out, and the court had to decide whether Nyoni should pay indemnity costs.

The court needed to determine whether Nyoni, who was a litigant in person and had withdrawn the pro bono counsel's instructions leading to the reintroduction of scandalous allegations, should be held liable for indemnity costs. The legal issues included whether the applicant's actions warranted indemnity costs and, if so, the extent of such costs. The court considered the conduct of the applicant, the impact of his actions on the judicial process, and the principles governing indemnity costs.

The court concluded that Nyoni's conduct warranted indemnity costs. The court found that Nyoni had acted in a manner that wasted court resources by withdrawing the pro bono counsel's instructions and reintroducing scandalous allegations. The court emphasised the importance of litigants in person acting with due regard for the judicial process and the impact of their actions on the efficient administration of justice. The court ordered that Nyoni pay each of the respondents’ costs of the interlocutory applications filed on 15 May 2012 on an indemnity basis, with additional orders for costs and adjournments.

The court's final orders included that Nyoni pay the respondents’ costs of the interlocutory applications on an indemnity basis, that the costs of the current proceedings be in the cause, and that certain interlocutory applications and a directions hearing be adjourned. These orders reflect the court's determination that Nyoni's actions warranted indemnity costs and the need for a measured approach to the financial consequences of his conduct.