Mbuzi v Favell

Background 1 On 28 March 2012 I allowed an appeal by Mr Mbuzi against the decision of a Federal Magistrate. 2 In the judgment I noted that Mr Mbuzi was a self-represented litigant, and to that extent was not entitled to any costs in respect of his appeal, given that an order for costs is confined to money paid or liabilities incurred for professional legal services (Cachia v Hanes (1994) 179 CLR 403, Australian Super Pty Ltd v Woodward (2009) 262 ALR 402 at [60]-[61]). However after judgment was delivered Mr Mbuzi requested the Court to consider an order in relation to outlays he had incurred in respect of the hearing before the Federal Magistrate and the appeal. In particular, Mr Mbuzi submitted as follows (transcript 28 March 2012 p 3 ll 5-32): MR MBUZI: Your Honour, I fully appreciate that and I am in total agreement with your Honour. In fact, your Honour, the costs I was talking to relate to the issue of outlays, your Honour, and, your Honour, I have three authorities to that effect. The costs that I was going to ask your Honour relates to fixed costs I've incurred by consulting a barrister. I've done a greatly reduced the fee of $450 a session and I buy the five sessions in relation to that. I also have incurred costs in relation to my travel. I have also incurred costs in relation to parking fees. I have also incurred costs in relation to documentation, which has been a lot, and that amount I have put it at $20. In fact, I was going to ask your Honour to fix the costs and I've calculated them. And by way of authority, your Honour, I have Queensland court of appeal decision. It reads I-v-e-r-s Ivers v McCubbin, M-c-C-u-b-b-i-n & Others (2005) QCA 200. Another authority your Honour I have relates to a supreme court of Queensland matter in which I was the applicant and the matter is Mbuzi v Queensland Commission of Police. And your Honour again in that matter a decision was made for me to recover costs, consistent with the court of appeal decision. The third authority, your Honour, relates to a Queensland supreme court matter in which I was the applicant and the respondent was Murray, this gentleman is an officer of the Queensland state government. Your Honour, another matter in which I was involved again relating to costs is the Queensland supreme court matter in which I was the applicant and the respondents were Gregory Cooper and Others. Gregory Cooper, your Honour, is a solicitor for the Queensland government. Your Honour, in all those cases the decisions are that if a litigant who is self-represented ought to recover the costs incurred. And, your Honour, the costs that I'm requesting indeed are consistent with what your Honour has said and they are also consistent with the other costs that are in the matters I have referred to. I have a calculation here which perhaps your Honour would give to one of the court officers. I'm not sure whether your Honour is able to look at and - - - 3 Mr Mbuzi also indicated in Court that he had brought to Court material upon which he proposed to rely. I informed the parties that I was prepared to entertain submissions concerning expenditure outlaid by Mr Mbuzi in relation to the appeal, directed that the material brought by Mr Mbuzi be copied to Mr Favell and filed as submissions of Mr Mbuzi, and made timetabling orders in relation to the filing of submissions by Mr Favell. 4 The material filed by Mr Mbuzi includes: a document headed "Costs Calculations" in which the following outlays are set out: 1. FIVE LEGAL CONSULTATIONS AT AGREED CHARGE OF $450.00 EACH = $2,250.00 2. TRAVEL FOR TOTAL OF 800KM AT $5.00 PER KM = $4,000.00 3. PARKING FOR SIX DAYS AT $18.00 PER DAY = $108.00 4. DOCUMENTATION PREPARATION = $200.00 TOTAL: $6,558.00