Full Court Minute Books

Case S352/2018

Bell Lawyers Pty Ltd v. Pentelow & Anor

Case No.

S352/2018

Case Information

Lower Court Judgment

13/07/2018 Supreme Court of New South Wales (Court of Appeal) (Beazley ACJ, Macfarlan JA, Meagher JA)

[2018] NSWCA 150

Catchwords

Costs – Chorley exception – London Scottish Benefit Society v Chorley (1884) 13 QBD 872 – Where first respondent is barrister – Where first respondent commenced proceedings against appellant –Where Supreme Court entered judgment for first respondent and ordered appellant to pay first respondent’s costs – Where first respondent sought to recover costs for work performed by her in addition to costs and disbursements of solicitors and counsel – Where costs assessor and review panel disallowed costs for work performed by first respondent – Where Court of Appeal allowed appeal – Whether Court of Appeal erred in concluding first respondent entitled to recover costs for time spent in conduct of proceedings – Whether Court of Appeal erred in concluding Chorley exception applied in circumstances where first respondent had retained solicitors and counsel – Whether Court of Appeal erred in determining s 98 of Civil Procedure Act 2005 (NSW) permitted application of Chorley exception. 

Short particulars

Documents

14/12/2018 Hearing (SLA, Sydney)

21/12/2018 Notice of appeal

17/01/2019 Submitting appearance (Second Respondent)

01/02/2019 Written submissions (Appellant)

01/02/2019 Chronology (Appellant)

04/03/2019 Written submissions (First Respondent)

25/03/2019 Reply

09/05/2019 Hearing (Full Court, Canberra) (Audio-visual recording)

09/05/2019 Outline of oral argument (Appellant)

09/05/2019 Outline of oral argument (First respondent)

09/05/2019 Note on government and body corporate in-house lawyer cases (First respondent)

23/05/2019 First Respondent's Reply Note on Barristers' Conduct Rules and Solicitors' Conduct Rules