Coshott v Barry

The appeal concerned a costs assessment where solicitors, acting in person, sought to recover their professional costs for representing themselves. A costs review panel had affirmed a decision that allowed the solicitors to recover their professional costs. The primary judge dismissed an application for judicial review of the costs review panel's decision. The matter came before the Court of Appeal of New South Wales.

The central legal issue was whether the primary judge erred in affirming the costs review panel's decision, which allowed solicitors acting in person to recover their professional costs. This involved considering the application of the "Chorley exception" in New South Wales and whether the costs assessment process permitted a collateral challenge to the original costs order.

The Court of Appeal held that the primary judge had not erred. It was established that the "Chorley exception" permits solicitors acting in person to recover their professional costs. The Court affirmed that a costs assessment process is not the appropriate forum for a collateral challenge to a costs order. Therefore, the costs assessment was correctly conducted on the basis of the solicitors' professional costs.

The summons for leave to appeal was dismissed, and the appellants were ordered to pay the costs of the respondents.