Quach v Health Care Complaints Commission (No 2)

The plaintiff, Mr. Quach, a litigant in person, sought orders against the Health Care Complaints Commission and the Chief Executive of the Ministry of Health. The dispute concerned interlocutory relief sought by Mr. Quach, which the defendants contended was misconceived and unlikely to succeed. The matter came before Meagher JA.

The primary legal issue before the court was whether the costs of the proceedings should be assessed on an ordinary or indemnity basis, particularly in light of the plaintiff’s status as a litigant in person and the nature of the interlocutory relief sought.

Meagher JA reasoned that while a litigant in person is generally entitled to the same costs as a solicitor, the circumstances of the case warranted a departure from the ordinary basis for costs. His Honour noted that the plaintiff had been notified that the interlocutory relief he claimed was misconceived and unlikely to succeed. This notification, coupled with the plaintiff’s continued pursuit of the relief, led the court to conclude that costs should be assessed on an indemnity basis from a certain point forward.

The court ordered that the plaintiff pay the second defendant’s costs of the notices of motion filed on 4 May 2015 and 23 June 2015. These costs were to be assessed on the ordinary basis up to and including 18 June 2015, and thereafter on an indemnity basis.