Bell Lawyers Pty Ltd v Pentelow [2019] HCA 29

Bell Lawyers Pty Ltd v Pentelow [2019] HCA 29

The Chorley exception is anomalous, unjustified as a matter of principle, inconsistent with the equality of all persons before the law, and has not been incorporated into Australian law by statute; it should not be extended to barristers and should not be recognised as part of the common law of Australia.

Parties
Appellant: Bell Lawyers Pty Ltd; First Respondent: Janet Pentelow; Second Respondent: Anor
Jurisdiction
Australia
Judgment Date
04 September 2019
Procedural Posture
Appeal / High Court Appeal
Outcome
Appeal allowed
Legal Topics
Costs, Legal Practitioners, Self Represented Litigants, Barristers, Common Law Exceptions, Chorley Exception
Practice and Procedure Costs Legal Practitioners Self Represented Litigants Barristers Common Law Exceptions Chorley Exception

Case Brief

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Parties

Bell Lawyers Pty Ltd

Appellant

Janet Pentelow

First Respondent

Anor

Second Respondent

Procedural Posture

Appeal / High Court Appeal

Legal Issues

  1. 1 Whether the Chorley exception operates to benefit barristers
  2. 2 Whether the Chorley exception should be recognised as part of the common law of Australia

Ratio Decidendi

The Chorley exception is anomalous, unjustified as a matter of principle, inconsistent with the equality of all persons before the law, and has not been incorporated into Australian law by statute; it should not be extended to barristers and should not be recognised as part of the common law of Australia.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed.
  • Set aside orders 1 to 4 of the Court of Appeal of the Supreme Court of New South Wales made on 13 July 2018 and, in their place, order that the summons for judicial review be dismissed and the first respondent pay the costs of the appellant in the District Court of New South Wales and the Court of Appeal of the...