Davey v Colovic (No 2)

The case of Davey v Colovic (No 2) involved an interlocutory application in the Supreme Court of New South Wales. The primary issue before the court was the determination of costs related to the litigation, specifically focusing on the appropriateness of engaging two counsel and the necessity of employing senior counsel. The court had to decide whether the absence of direct authority on the principal issue necessitated the engagement of senior counsel and whether the case warranted the fees for two counsel.

The legal issues revolved around the appropriateness of engaging two counsel and the necessity of senior counsel in the context of this interlocutory application. The respondent argued that the length of the judgment and the complexity of the application did not justify the use of two counsel or senior counsel. However, the court found that while the volume of material to be handled was minimal and the case did not involve any witnesses or cross-examination, the principal issue raised in the case was novel and had no direct authority in Australia or New Zealand. Given the potential effect on the property rights of the parties, the court deemed it appropriate to brief senior counsel.

The court held that it was not appropriate to allow fees for two counsel given the minimal volume of material, absence of witnesses, and the relatively short duration of the hearing. However, the court found it appropriate to certify the matter fit for senior counsel but one counsel only. This decision was based on the novelty of the principal issue and the potential impact on the property rights of the parties.

In conclusion, the court ordered that the respondent was to pay the applicants' costs of and incidental to the Interlocutory Application and certified the matter fit for senior counsel but one counsel only. The court's reasoning was grounded in the absence of direct authority on the principal issue and the potential impact on the property rights of the parties.