Starr v Westpac Banking Corporation (No.2)

In *Starr v Westpac Banking Corporation (No.2)*, heard in the Federal Circuit Court of Australia, the applicant, Mr. Starr, a litigant in person, sought to recover costs from the respondent, Westpac Banking Corporation, following the summary dismissal of his claim. The respondent had applied for the summary dismissal of the proceedings, which was subsequently granted by the Court.

The central legal issue before the Court was whether the applicant should be ordered to pay the respondent's costs of and incidental to the proceedings, and if so, on what basis. The applicant argued that each party should bear their own costs, citing his status as a litigant in person and suggesting the Court should make allowances for this. The respondent sought its costs, initially arguing for indemnity costs but then seeking assessment according to the standard scale under the Federal Circuit Court Rules.

Judge Jarrett reasoned that the usual rule that costs follow the event should apply, as there were no special circumstances demonstrated by the applicant to warrant a departure from this principle. The Court found that the applicant's submissions regarding the respondent's conduct and the potential discovery of loss were insufficient to displace the general rule. The Court also clarified that the respondent's request for costs was to be assessed according to the standard scale under the Federal Circuit Court Rules, and that the cases relied upon by the applicant concerning indemnity costs against a litigant in person were distinguishable.

Consequently, the Court ordered that the applicant pay the respondent's costs of and incidental to the proceedings, fixed in the sum of $8,197.68, which was calculated based on the itemised costs under Part 1 of Schedule 1 of the Federal Circuit Court Rules.