Kowal v Zoccoli

(2002) 4 VR 399; [2002] VSCA 100

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Taxation of costs
4. › Recoverable costs
5. › Loss of income by litigant attending court to instruct counsel
6. › Whether loss of professional income constitutes 'costs'
7. › County Court Rules Chapter I, Rules 63A.29, 63A.69
1. Practice and Procedure
2. › Costs
3. › Taxation of costs
4. › Witness expenses
5. › Rate of allowance
6. › Whether expert witness rate or ordinary witness rate applicable where litigant did not give evidence
7. › County Court Rules Chapter I, Appendix A
1. Practice and Procedure
2. › Appeal
3. › Leave to appeal
4. › Interlocutory orders
5. › Order varying taxation of costs
6. › Whether order on review of taxation is interlocutory

Quick Take

A litigant's loss of professional income while attending court to instruct counsel is not recoverable as 'costs' on taxation. The term 'costs' is confined to money paid or liabilities incurred for professional legal services. A litigant who attends court is entitled only to ordinary witness fees. Petrunic v Barnes and similar cases treating loss of earnings as a recoverable disbursement are no longer good law following Cachia v Hanes.