Truleconcerns
apart from NCAT, most courts awards costs to the winner of the case.
Costs are awarded at the discretion of the court and can follow two methods.
Indemnity costs – pretty much all the money you spent to proceed your claim can be reclaimed from the looser. There are some exclusions but expect to get back 80-90% of your costs
Party to party costs. Your legal costs are assessed on the basis of what the court thinks is a fair price to pay for your legal system. The court applies a standard rate for the legal work done. Expect to get less back
However, the court can also just award a $ amount to you if the cost of pursuing your claim is out of proportion to the gal costs. This is designed to stop ltitgants using lots of expensive lawyers to wear down the opposition for a small reward.
Lawyers are like any other service one buys. The more expensive the service, the higher likelihood of a good result. Not all lawyers are equal. Just because you think you have a good winnable case does not mean the lawyer you select will get you that result. Look at your lawyers expertise and track record.
The reason I asked earlier whether you want to fight for the principle is that on your numbers, the cost of processing your action is very high in relation to the amount you are pursuing. Your lawyer should be advising you what an economical path to follow is – not just going to court.
But one in never certain when approaching a court that a) one will win and b) that costs will be awarded.
There is a long line of people who won there cases in court and yet were worse off.