Sedrak v Starr (No 2)

The appeal concerned the costs awarded in a proceeding between Sedrak and Starr. The Court of Appeal of New South Wales was required to determine whether certain costs incurred by the appellant should be disallowed. Specifically, the court considered the costs associated with preparing particular written submissions and appeal books.

The primary legal issues before the court were whether the costs of preparing the Amended Appellant’s Written Submissions, the appellant’s Statement as to Challenges to Findings and Findings Contended For, and the appellant’s Written Submissions in Reply should be disallowed. Additionally, the court had to determine whether the costs of preparing more than one version of the appeal books should be disallowed, limiting them to a version containing only documents necessary for the arguments ultimately advanced by senior counsel.

The court disallowed the costs of preparing the specified written submissions as between the appellant and his junior counsel, Mr Santisi, and also as between the appellant and his solicitors, JN Legal, on the one hand, and Mr Santisi on the other. Furthermore, the court disallowed the costs of preparing more than one version of the appeal books, stipulating that only a version containing documents essential for the arguments ultimately presented by senior counsel was to be allowed.