Wilkie v Brown

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.