Australian Competition and Consumer Commission v A.C.N. 099 814 749 Pty Ltd

1. Order 1 of the orders dated 22 April 2016 be set aside.
2. The applicant is to reimburse the third respondent for any Court filing fees he paid to file documents in connection with this proceeding.
3. Otherwise, there is no order for costs in this proceeding. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REEVES J: 1 On 22 April 2016, I ordered that the applicant's application in this proceeding be dismissed and made the following orders as to costs: 1. Subject to Orders 2 to 4 below there is no order for costs. 2. Should any party wish to contend for a different order for costs that party must, within seven (7) days, file and serve a notice stating what order is sought and the basis for seeking it. 3. In the event that such a notice is filed the opposite party may, within seven (7) days thereafter, file a notice stating why it opposes the order for costs so sought. 4. The order for costs will then be determined on the papers. 2 As permitted by Order 2, Mr Wright, the third respondent, filed a notice seeking a different order as to costs. That notice set out 10 items. With one exception, all of those items contained claims in the nature of compensation or damages which Mr Wright allegedly suffered as a consequence of this proceeding. For example, the final item claimed "All costs as a result of damage to reputation and personal character. $500,000 tax free." The one exception was an item which claimed: "All costs associated with filing documents with the Federal Court be waived, reimbursed or met with the applicant. $5,000 tax free." 3 Mr Wright represented himself throughout this proceeding. He is not a lawyer. Earlier in the proceeding, he was refused leave to act for the first and second respondents, two companies of which he is the sole director and shareholder. As a result, they remained unrepresented throughout this proceeding. 4 Costs under s 43 of the Federal Court of Australia Act 1976 (Cth) are confined to payments made or liabilities incurred for professional legal services. Accordingly, a self-represented litigant who is not a lawyer is not entitled to any costs for the time spent in the preparation or presentation of his or her case to the Court: see Cachia v Hanes (1994) 179 CLR 403 at 409 and George v Fletcher (Trustee) (No 2) [2010] FCAFC 71 (George) at [15]. Costs are not awarded to compensate a party for any damage he may claim to have suffered as a consequence of being a party to a proceeding before the Court. 5 However, a self-represented litigant is ordinarily entitled to be reimbursed out-of-pocket expenses such as filing fees: see George at [17]. While Mr Wright has not provided any details of the "costs associated with filing documents", on the assumption that includes some filing fees, he is entitled to be reimbursed those fees. 6 Accordingly, I order that: