Khera v Jones
Case
•
[2006] NSWCA 85
•21 April 2006
Details
AGLC
Case
Decision Date
Khera v Jones [2006] NSWCA 85
[2006] NSWCA 85
21 April 2006
CaseChat Overview and Summary
In *Khera v Jones*, the applicant, a solicitor who was unemployed at the time of the litigation, sought to recover professional costs as a self-represented litigant. The respondent opposed this claim. The matter came before the court on an application for leave to appeal.
The central legal issue before the court was whether the applicant, as a solicitor acting in person, could recover professional costs from the respondent, notwithstanding the general rule that self-represented litigants are not entitled to recover such costs. This question engaged the application of the *Chorley* exception, which permits recovery of costs by a solicitor litigant in certain circumstances.
The court considered the principles governing the recovery of costs by self-represented litigants, particularly the *Chorley* exception. The court noted that the exception typically applies where the litigant is a solicitor who has incurred costs in employing another solicitor to act on their behalf. However, in this instance, the applicant acted in person and was unemployed at the time of the litigation. The court determined that the circumstances did not warrant the application of the *Chorley* exception to allow the recovery of professional costs.
Leave to appeal was refused.
The central legal issue before the court was whether the applicant, as a solicitor acting in person, could recover professional costs from the respondent, notwithstanding the general rule that self-represented litigants are not entitled to recover such costs. This question engaged the application of the *Chorley* exception, which permits recovery of costs by a solicitor litigant in certain circumstances.
The court considered the principles governing the recovery of costs by self-represented litigants, particularly the *Chorley* exception. The court noted that the exception typically applies where the litigant is a solicitor who has incurred costs in employing another solicitor to act on their behalf. However, in this instance, the applicant acted in person and was unemployed at the time of the litigation. The court determined that the circumstances did not warrant the application of the *Chorley* exception to allow the recovery of professional costs.
Leave to appeal was refused.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Employment Law
Legal Concepts
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Costs
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Appeal
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Standing
Actions
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Citations
Khera v Jones [2006] NSWCA 85
Most Recent Citation
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Statutory Material Cited
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[1994] HCA 14
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