Kelly v Norris

The plaintiff, who had suffered severe brain damage in a motor vehicle accident, sought leave to appeal from orders made by a trial judge concerning the costs incurred in complex and lengthy proceedings. The first and second opponents had filed submitting appearances. The trial judge had reviewed the costs incurred by the plaintiff's solicitors on his own motion, specifically addressing the costs of an expert's report and its copying, the costs of copying an exhibit, and the costs of a solicitor's letter regarding briefing a potential witness.

The central legal issues before the appellate court were whether leave to appeal should be granted when a small sum was involved, whether the orders appealed from could affect the reputation of the plaintiff's solicitor, and whether the trial judge had properly exercised his discretion to charge a legal adviser with costs incurred improperly or without reasonable cause, given that the orders were made on the judge's own initiative rather than on the motion of a party. The court also considered whether the circumstances justified appellate intervention.

The appellate court reasoned that while the trial judge did not lack the power to make the orders on his own initiative, the circumstances did not warrant appellate intervention. The court concluded that the discretion to charge a legal adviser with costs had been properly exercised.

Consequently, the court refused the plaintiff's application for leave to appeal and dismissed the ordinary summons.