Atlas v Kalyk

The appeal concerned the entitlement of a litigant in person to recover professional costs. The appellant, Atlas, sought to recover costs as a litigant in person, arguing that they should be entitled to professional costs. The respondent, Kalyk, opposed this claim. The matter was heard in the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether a litigant in person, who is also a solicitor, is entitled to recover professional costs for work they have undertaken on their own behalf in litigation.

The Court of Appeal held that a litigant in person is generally not entitled to recover professional costs, as the purpose of such costs is to compensate for the expense of engaging a legal professional. However, the Court recognised an exception to this rule: where the litigant in person is a solicitor, they may be entitled to recover costs for work that would ordinarily be performed by a solicitor, provided that the work was reasonably and necessarily done. The Court applied the principle that costs are intended to indemnify a party for expenses reasonably incurred, and in the case of a solicitor litigant, this can extend to their own professional time and expertise.

The appeal was dismissed, and Atlas was ordered to pay Kalyk's costs.