KHERA v JONES [2006] NSWCA 85

KHERA v JONES [2006] NSWCA 85

Leave to appeal was refused because Atlas v Kalyk was a firm and comparatively recent decision requiring this Court to follow the Chorley exception, and the prospects of creating an exception for unemployed solicitors were not sufficient to justify further costly litigation; any reconsideration was for the High Court.

Jurisdiction
Australia
Judgment Date
21 April 2006
Procedural Posture
Application for Leave to Appeal / On the Papers in the Court of Appeal From Dismissal of an Appeal Under S208 L of the Legal Profession Act 1987 Against a Costs Assessment
Outcome
Leave to appeal refused.
Legal Topics
['self Represented Litigant' 'professional Costs' 'chorley Exception' 'recovery by Solicitor Litigant' 'unemployed Solicitor']
['costs' 'legal Profession' 'civil Procedure'] ['self Represented Litigant' 'professional Costs' 'chorley Exception' 'recovery by Solicitor Litigant' 'unemployed Solicitor']

Case Brief

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Procedural Posture

Application for Leave to Appeal / On the Papers in the Court of Appeal From Dismissal of an Appeal Under S208 L of the Legal Profession Act 1987 Against a Costs Assessment

Legal Issues

  1. 1 ['Whether the Chorley exception entitled a self-represented solicitor to recover professional costs where the solicitor was unemployed when conducting the litigation but held a practising certificate.' 'Whether leave to appeal should be granted to challenge the costs assessment and the dismissal of the appeal from that assessment.']

Ratio Decidendi

Leave to appeal was refused because Atlas v Kalyk was a firm and comparatively recent decision requiring this Court to follow the Chorley exception, and the prospects of creating an exception for unemployed solicitors were not sufficient to justify further costly litigation; any reconsideration was for the High Court.

Court Disposition

Leave to appeal refused.

Orders

  • ['The summons for leave be dismissed with costs.']