Burridge v Chief Magistrate of the Magistrates Court of the Australian Capital Territory (No 3)

The Full Court of the Supreme Court of the Australian Capital Territory considered an appeal by Burridge against the Chief Magistrate of the Magistrates Court of the Australian Capital Territory. The central dispute concerned the application of the *Chorley* exception to the general rule that costs follow the event, specifically in relation to the appellant's entitlement to recover certain disbursements.

The primary legal issue before the Full Court was whether the *Chorley* exception, which allows for the recovery of costs incurred by a party in circumstances where they have been forced to litigate to establish a right that has been denied, applied to the appellant's claim for disbursements. This required the Court to determine if the appellant had been compelled to incur these specific costs due to an unreasonable denial of their rights by the respondent.

The Court reasoned that the *Chorley* exception is engaged when a party is forced to litigate to establish a right that has been denied by the other party, and that the costs incurred are a direct consequence of that denial. Applying this principle, the Court found that the appellant had indeed been put to expense in establishing a right that had been denied, thereby justifying the application of the exception to the recovery of disbursements. Consequently, the respondent was ordered to pay the appellant's disbursements set in the sum of $1,000.