Davey v Dessco Pty Ltd

Davey commenced proceedings against Dessco in the Federal Court. The dispute centred on the assessment and allocation of costs. The parties appeared before a registrar who made an order for costs in favour of Davey, who was self-represented and a lawyer, following the conclusion of the proceedings. Dessco subsequently applied for an interim review of the costs order. The application was based on the recent High Court decision in Bell Lawyers Pty Ltd v Pentelow, which abolished the so-called "Chorley exception". This exception allowed for a broader assessment of costs when a self-represented party was also a lawyer. Dessco submitted that the costs order should be confined to out of pocket expenses only.

The court considered the principles articulated in Bell. It held that there was no basis for confining the costs order to out of pocket expenses. The court found that the registrar had exercised his discretion appropriately and that the order reflected a just and equitable outcome. The court dismissed the application for interim review, emphasising that the order made by the registrar was in accordance with the law as it stood post Bell. The court further noted that the application for leave to appeal the orders made in this case must be filed by 4 November 2019.