› Self-represented litigant who rejected legal advice
Costs
› Gross sum costs orders
› Broad brush approach to quantification
Costs
› Applications for leave to appeal
› Totally without merit
Costs
› GST on legal costs
› Requirement to establish no entitlement to input tax credit
Quick Take
1A finding that an application for leave to appeal is 'totally without merit' does not automatically entitle a respondent to indemnity costs against a self-represented litigant, but indemnity costs may be awarded where the litigant had access to legal advice, rejected that advice, and persisted with unmeritorious proceedings.
2The court may fix costs in a gross sum using a broad brush approach to avoid the expense, delay and aggravation of taxation, particularly where the paying party's conduct suggests taxation would be a difficult exercise.
3Under r 63.42.1 of the Supreme Court (General Civil Procedure) Rules 2025, GST on legal costs incurred on or after 1 January 2026 is only allowable on taxation if the party claiming costs proves it has no entitlement to an input tax credit; absent such evidence, GST is excluded from the gross sum.
