SUPREME COURT OF QUEENSLAND
CITATION:
Murphy v Legal Services Commissioner (No. 2) [2013] QSC 253
PARTIES:
JOHN PAUL MURPHY
(applicant)
v
LEGAL SERVICES COMMISSIONER
(respondent)FILE NO:
7724 of 2011
DIVISION:
Trial Division
PROCEEDING:
Application
ORIGINATING COURT:
Supreme Court of Queensland
DELIVERED ON:
19 September 2013
DELIVERED AT:
Brisbane
HEARING DATE:
3 September 2013
JUDGE:
Daubney J
ORDERS:
1. The applicant’s further application is dismissed.
CATCHWORDS: PROCEDURE – COSTS – RECOVERY OF COSTS – where the applicant seeks costs – where the applicant is a self-represented barrister – where the applicant submits that an anomalous exception relating to self-represented solicitors – may be extended to allow self-represented barristers to claim their professional costs in litigation – where the applicant seeks an order that the costs be paid on an indemnity basis – whether the application should be allowed.
Litigants in Person (Costs and Expenses) Act 1975 (UK)
Cachia v Hanes (1994) 179 CLR 403, cited.
Farkas v Northcity Financial Services Pty Ltd [2006] NSWSC 1036, considered.
Guss v Vanhuizen (No. 2) (1976) 136 CLR 47, considered.
Hartford Holdings Pty Ltd v CP (Adelaide) Pty Ltd & Ors [2004] SASC 161, cited.
Khera v Jones [2006] NSWCA 85, considered.
London Scottish Benefit Society v Chorley, Crawford and Chester (1884) 13 QBD 872, cited.
Murphy v Legal Services Commissioner [2013] QSC 70, cited.
Worchild v Petersen [2008] QCA 26, considered.COUNSEL:
J P Murphy appeared in person
M S Trim for the respondentSOLICITORS:
J P Murphy appeared in person
Crown Law for the respondent
Background
This is a costs judgment arising from my judgment in Murphy v Legal Services Commissioner [2013] QSC 70.[1] The applicant, who represented himself in the proceeding, is a barrister. He held, and is the current holder of, a practising certificate.[2]
[2]Affidavit Murphy paragraphs 2 & 3; Ex JPM-1.
In the principal judgment, I made the following order for costs:
“[3]The respondent shall pay the applicant’s costs of and incidental to this application.”
On 26 March 2013, the applicant delivered a letter to the Crown Solicitor attaching a fee note for his professional costs and disbursements of and incidental to the application.[3] The Crown Solicitor disputed liability to pay the applicant’s “professional costs”. The applicant now seeks a declaration that the word “costs … includes the applicant’s professional costs”, an order that the costs be paid on the indemnity basis, and costs of the present application.
[3]Affidavit Murphy paragraphs 8 & 9; Ex JPM-3.
General principles
It is well established that litigants in person are not entitled to be compensated for the value of their time. The basis for this rule was articulated by the House of Lords in London Scottish Benefit Society v Chorley, Crawford and Chester (“Chorley’s case”):[4]
“… only legal costs which the Court can measure are to be allowed, and that such legal costs are to be treated as expenses necessarily arising…
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- Case
- [2013] QSC 253
- Decision Date
CaseChat Overview and Summary
The primary legal issue the court had to decide was whether the exception that allows self-represented solicitors to claim their professional costs could be extended to include self-represented barristers. This involved examining the principles governing the recovery of costs and the rationale behind the exception for self-represented solicitors. The court needed to determine if extending this exception to self-represented barristers would be consistent with the statutory framework and the broader objectives of the legislation.
The court examined the statutory provisions and relevant case law to understand the rationale behind the exception for self-represented solicitors. It found that the exception was specifically tailored to address the inequities faced by solicitors who represent themselves. The court concluded that extending this exception to self-represented barristers would not align with the statutory objectives and the legislative intent. The court held that the statutory scheme did not provide a basis for extending the exception to barristers, and the principles of legal costs did not support such an extension. Therefore, the application was dismissed, and the applicant was not granted the order to recover costs on an indemnity basis.
Orders
Orders of the court
1. The applicant’s further application is dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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