Birketu Pty Ltd ACN 003 831 392 & Anor v. Atanaskovic & Ors
Case No.
S52/2024
Case Information
Lower Court Judgment
15/12/2023 Supreme Court of New South Wales (Court of Appeal) (Ward P; Kirk JA; Simpson AJA)
Catchwords
Costs – General rule that self-represented litigants cannot recover costs for own time – Whether partners of unincorporated law firm entitled to recover costs for work done by employed solicitors of that firm in proceedings brought by or against partners of firm – Whether Court of Appeal erred finding first and second respondents able to recover costs of employed solicitors in proceedings in which they were self-represented solicitor litigants by their unincorporated law firm – Whether Court of Appeal erred finding s 98(1) of Civil Procedure Act 2005 (NSW) ("CPA") and definition of costs in s 3(1) authorised recovery of costs – Whether Court of Appeal erred in finding employed solicitor rule operated to authorise recovery of costs – Whether Court of Appeal erred in declining to follow United Petroleum v Herbert Smith Freehills [2020] VSCA 15 in applying CPA to recovery of costs by employed solicitors of self-represented solicitor litigants.
Documents*
11/04/2024 Determination (SLA, Canberra)
23/04/2024 Notice of appeal
24/05/2024 Written submissions (Appellants)
24/05/2024 Chronology (Appellants)
24/06/2024 Written submissions (First and Second Respondents)
11/07/2024 Reply
17/10/2024 Hearing (Full Court, Canberra) (Audio-visual recording)
17/10/2024 Outline of oral argument (Appellants)
17/10/2024 Outline of oral argument (First and Second Respondents)
05/02/2025 Judgment (Judgment summary)
Audio-visual recordings of Full Court hearings heard in Canberra
Case: DAYNEY V THE KING
Date: 19 April 2024
Transcript: Hearing
AV time: 1h 59m
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(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.
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Audio-visual recordings of Full Court hearings heard in Canberra
Case: DIRECTOR OF PUBLIC PROSECUTIONS V SMITH
Date: 18 April 2024
Transcript: Hearing
AV time: 3h 16m
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Terms of use
Access to the audio-visual recordings of the Court is subject to the following conditions:
(1) You will not record, copy, modify, reproduce, publish, republish, upload, post, transmit, broadcast, rebroadcast, store, distribute or otherwise make available, in any manner, any proceeding or part of any proceeding, other than with prior written approval of the Court. However, schools and universities may broadcast/rebroadcast proceedings in a classroom setting for educational purposes without prior written approval.
(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.
(3) Copyright of the footage of the proceedings is retained by the Court.
By clicking "play" (the triangle controls on the video player), you agree to be bound by these terms of use.
Audio-visual recordings of Full Court hearings heard in Canberra
Case: ASF17 V COMMONWEALTH OF AUSTRALIA
Date: 17 April 2024
Transcript: Hearing
AV time: 4h 10m
You accept the terms of use (below) by playing this audio-visual recording.
Terms of use
Access to the audio-visual recordings of the Court is subject to the following conditions:
(1) You will not record, copy, modify, reproduce, publish, republish, upload, post, transmit, broadcast, rebroadcast, store, distribute or otherwise make available, in any manner, any proceeding or part of any proceeding, other than with prior written approval of the Court. However, schools and universities may broadcast/rebroadcast proceedings in a classroom setting for educational purposes without prior written approval.
(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.
(3) Copyright of the footage of the proceedings is retained by the Court.
By clicking "play" (the triangle controls on the video player), you agree to be bound by these terms of use.
Audio-visual recordings of Full Court hearings heard in Canberra
Case: CBI CONSTRUCTORS PTY LTD & ANOR V CHEVRON AUSTRALIA PTY LTD
Date: 16 April 2024
Transcript: Hearing
AV time: 4h 12m
You accept the terms of use (below) by playing this audio-visual recording.
Terms of use
Access to the audio-visual recordings of the Court is subject to the following conditions:
(1) You will not record, copy, modify, reproduce, publish, republish, upload, post, transmit, broadcast, rebroadcast, store, distribute or otherwise make available, in any manner, any proceeding or part of any proceeding, other than with prior written approval of the Court. However, schools and universities may broadcast/rebroadcast proceedings in a classroom setting for educational purposes without prior written approval.
(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.
(3) Copyright of the footage of the proceedings is retained by the Court.
By clicking "play" (the triangle controls on the video player), you agree to be bound by these terms of use.