E1 v E2; E Pty Limited v E2 [2023] NSWDC 411

E1 v E2; E Pty Limited v E2 [2023] NSWDC 411

A pro bono legal representative not appointed via court order under the UCPR pro bono provisions, and without a written, compliant costs agreement, cannot recover costs from the opposing party, as the indemnity principle is not met and the court lacks statutory power to make a nunc pro tunc appointment after the fact.

Jurisdiction
Australia
Judgment Date
06 October 2023
Procedural Posture
Civil / Post Judgment, Application for Costs
Outcome
Application for costs by defendant's pro bono legal representative dismissed; each party to bear their own costs.
Legal Topics
['costs' 'pro Bono Representation' 'indemnity Principle']
['civil Procedure'] ['costs' 'pro Bono Representation' 'indemnity Principle']

Case Brief

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Procedural Posture

Civil / Post Judgment, Application for Costs

Legal Issues

  1. 1 ['Whether a pro bono lawyer, not formally appointed under UCPR pro bono scheme, can recover costs from the losing party' 'Whether a written costs agreement is necessary for recovery of costs in these circumstances']

Ratio Decidendi

A pro bono legal representative not appointed via court order under the UCPR pro bono provisions, and without a written, compliant costs agreement, cannot recover costs from the opposing party, as the indemnity principle is not met and the court lacks statutory power to make a nunc pro tunc appointment after the fact.

Court Disposition

Application for costs by defendant's pro bono legal representative dismissed; each party to bear their own costs.

Orders

  • ['Pursuant to s 8 of the Court Suppression and Non-Publication Orders Act 2010 (NSW), the names of the parties are suppressed and replaced with pseudonyms.' "Application by defendant's pro bono legal representative for costs dismissed." 'Each party to pay their own costs of this application and of the proceedings.']