There has been an existing prohibition on the making of Costs Orders in small cases, even when a Plaintiff is successful. A Plaintiff obtaining a Judgment for less than $500,000 in the Supreme Court of New South Wales, or less than $40,000 in the District Court of New South Wales, should not expect to have a Costs Order made in their favour.

However, a recent case of Spanos v Thornberry (2013) District Court, Gibson DCJ makes it clear that the Courts have a discretionary right to grant Costs Orders even within these limitations, particularly in complex litigation.

If you are contemplating Court proceedings you should always obtain competent legal advice before doing so. The issue of the recovery of your own Costs is an important consideration. Our Firm can explain the procedures to you in the initial conference with Matt Howlin, Bruce Honeyman and/or Jodie Jamieson.