Coshott v. Spencer & Ors

Lower Court Judgment

31/05/2017 Supreme Court of New South Wales (Court of Appeal) (Beazley ACJ, McColl JA, Simpson JA)

[2017] NSWCA 118

Catchwords

Costs – Civil Procedure Act 2005 (NSW) s 98 – Exception in London Scottish Benefit Society v Chorley (1884) 13 QBD 872 – Solicitor acting as self-represented litigant – Where first respondent represented clients in Federal Court proceedings – Where clients and appellant bought application for assessment of costs claimed in respect of Federal Court proceedings – Where costs assessor dismissed appellant’s application on basis appellant not “third party payer” within meaning of Legal Profession Act 2004 (NSW) s 302A – Where District Court dismissed appeal against costs assessment – Where District Court ordered appellant pay costs of proceedings – Where costs assessor allowed first respondent professional costs for self-representation at costs appeal – Where Court of Appeal dismissed appeal against second costs assessment – Whether Court of Appeal erred in finding first respondent entitled to recover costs in respect of time spent in conduct of legal proceedings – Whether costs assessor has jurisdiction to determine if appellant “third party payer” within meaning of s 302A – Whether Chorley exception inapplicable because of Civil Procedure Act 2005 (NSW) s 98.

Short particulars