Wilkie v Brown

Case [2016] NSWCA 128


Court of Appeal


Supreme Court


New South Wales

  • Amendment notes
Medium Neutral Citation: Wilkie v Brown [2016] NSWCA 128
Hearing dates:On the papers
Decision date: 26 May 2016
Before: Beazley P at [1];
McColl JA at [55];
Gleeson JA at [56]
Decision:

(1)   Sophia Wilkie pay Michael Brown’s costs of her summons seeking judicial review in the sum of $5,161.20, in addition to any costs orders previously made.
(2)   Notice of motion dated 26 April 2016 otherwise dismissed.

Catchwords:

COSTS – solicitor acting in person – whether exception to general rule that litigant in person not entitled to costs for time spent in preparation of case

  COSTS – gross sum costs order – whether order appropriate – whether quantum reasonable
Legislation Cited: Civil Procedure Act 2005 (NSW)
Crimes (Domestic and Personal Violence) Act 2007 (NSW)
Criminal Procedure Act 1986 (NSW)
Judiciary Act 1903 (Cth)
Legal Profession Act 2004 (NSW)
Legal Profession Uniform Law (NSW)
Legal Profession Uniform Law Application Act 2014 (NSW)
Legal Profession Uniform Law Application Regulation 2015 (NSW)
Supreme Court Act 1970 (NSW)
Uniform Civil Procedure Rules 2005 (NSW)
Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue [2009] HCA 41; 239 CLR 27
Atlas v Kalyk [2001] NSWCA 10
Cachia v Hanes [1994] HCA 14; 179 CLR 403
Dobree v Hoffman (1996) 18 WAR 36
Gett v Tabet [2009] NSWCA 76; 254 ALR 504
Guss v Veenhuizen (No 2) [1976] HCA 57; 136 CLR 47
Hamod v State of New South Wales and Anor [2011] NSWCA 375
Kelly v The Queen [2004] HCA 12; 218 CLR 216
Khera v Jones [2006] NSWCA 85
London Scottish Benefit Society v Chorley, Crawford and Chester (1884) 13 QBD 872
Re JJT; Ex parte Victoria Legal Aid [1998] HCA 44; 195 CLR 184
Soia v Bennett [2014] HCASL 248
Soia v Bennett [2014] WASCA 27; 46 WAR 301
Wang v Farkas [2014] NSWCA 29
Wilkie v Brown (Ward JA, Court of Appeal, 7 December 2015, unreported)
Category:Costs
Parties: Sophia Wilkie (Applicant)
Michael Neil Brown (Respondent)
Representation:

Counsel:
Mr M Darvill (solicitor) (Applicant)
In person (Respondent)

  Solicitors:
Slattery Thompson (Applicant)
In person (Respondent)
File Number(s):2015/202870
 Decision under appeal 
Court or tribunal:
District Court
Date of Decision:
9 June 2015
Before:
Maiden DCJ
File Number(s):
2015/74248

Headnote

[This headnote is not to be read as part of the judgment]

The applicant sought judicial review of a costs assessment in respect of legal services provided to her by the respondent, her former solicitor. The day before the hearing of the applicant’s summons in this Court, she indicated that she intended to withdraw her application. The respondent, who acted in person in this Court, filed a notice of motion seeking his costs of the summons by way of a gross sum, including costs for the professional work he performed on the matter.

The respondent’s motion raised the question as to whether the principle from London Scottish Benefit Society v Chorley, Crawford and…

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Details
AGLC
Wilkie v Brown [2016] NSWCA 128
Case
[2016] NSWCA 128
Decision Date

CaseChat Overview and Summary

Sophia Wilkie sought judicial review of a decision made by Michael Brown. The matter came before the Court of Appeal of New South Wales, comprising Beazley P, McColl and Gleeson JJA.

The primary legal issues before the Court were whether a solicitor acting in person was entitled to recover costs for the time spent preparing their case, and whether a gross sum costs order was appropriate and reasonable in quantum.

The Court considered the general rule that a litigant in person is not entitled to recover costs for their own time spent on preparing a case. However, it acknowledged an exception where the litigant is a solicitor who has acted in person. The Court found that the respondent, Mr Brown, was entitled to recover costs for his preparation time. In determining the quantum of the costs, the Court considered the reasonableness of the amount claimed and ultimately made a gross sum costs order.

The Court ordered that Sophia Wilkie pay Michael Brown’s costs of her summons seeking judicial review in the sum of $5,161.20, in addition to any costs orders previously made. The notice of motion dated 26 April 2016 was otherwise dismissed.

Orders

Orders of the court

(1) Sophia Wilkie pay Michael Brown’s costs of her summons seeking judicial review in the sum of $5,161.20, in addition to any costs orders previously made.

(2) Notice of motion dated 26 April 2016 otherwise 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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