6308

Q&As and counting

November 2016

Litigation - Self represented solicitor - Claim costs

November 2016
Other
Victoria

Asked

Costs. Can a sole practitioner running a personal court claim as Plaintiff with him as the legal representative through his firm be entitled to costs if successful? Is there any case law authority for the answer?

Answered

Thank you for the question.

Yes. The principle dates back to London Scottish Benefit Society v Chorley (1884) 13 QBD 872. A recent case dealing with this issue is Freehills, in the matter of New Tel Limited (in liq) (No 4) [2008] FCA 1085.The leading Australian case is Guss v Veenhuizen (No 2) (1976) 136 CLR 47.

Other cases where self-represented solicitors were awarded costs include:

  • Brott v Almatrah [1998] 2 VR 83 (Batt J);
  • Atlas Corporation Pty Ltd v Kalyk [2001] NSWCA 10;
  • A & D Douglas Pty Ltd v Lawyers Private Mortgages Pty Ltd [2006] FCA 690 at [10] per Dowsett J;
  • Khera v Jones [2006] NSWCA 85 (Mason P and Ipp JA); and
  • McIlraith v Ilkin [2007] NSWSC 1052 (Brereton J).

Regards

Mentor

 

Other
Victoria