Harrison v Schipp

In *Harrison v Schipp*, the respondent sought a further order for the payment of a fixed sum for counsel's fees, in addition to the costs already ordered to be paid by the first appellant. The dispute concerned the quantum of counsel's fees to be paid as part of the costs awarded on appeal.

The court was required to determine whether it possessed the power to make a further order for the payment of a fixed sum for counsel's fees, and if so, whether that power should be exercised in the circumstances of the case.

Giles JA considered the court's power to make orders regarding costs, particularly in relation to counsel's fees. His Honour determined that the court had the capacity to make such an order, and in exercising that discretion, ordered that the first appellant pay to the respondent the sum of $63,998 for counsel's fees, in lieu of the assessed costs for those fees.

The court further ordered that the first appellant pay the respondent's costs of the notice of motion filed on 10 May 2002.