Freehills, in the matter of New Tel Limited (in liq) ACN 009 068 955 (No 4) [2008] FCA 1085

Freehills, in the matter of New Tel Limited (in liq) ACN 009 068 955 (No 4) [2008] FCA 1085

Because the application for leave to appeal and any appeal were imminent, and the Chorley exception was the only basis raised for opposing costs, it was appropriate to reserve the question of costs of and incidental to the application for determination by the Full Court on the application for leave to appeal and, if leave is granted, on the appeal.

Jurisdiction
Australia
Judgment Date
23 July 2008
Procedural Posture
Costs Application Concerning a Solicitor Litigant and the Chorley Exception in Proceedings in the Matter of New Tel Limited (in Liquidation) / After Dismissal of the Examinee's Application to Set Aside Orders Permitting Service Out of the Jurisdiction of an Examination Summons; Costs Reserved Pending Application for Leave to Appeal and Any Appeal
Outcome
Costs reserved for determination by the Full Court on the application for leave to appeal and, if leave is granted, on the appeal.
Legal Topics
['solicitor Litigant' 'chorley Exception' 'costs Following the Event' 'application for Leave to Appeal']
['costs' 'civil Procedure'] ['solicitor Litigant' 'chorley Exception' 'costs Following the Event' 'application for Leave to Appeal']

Case Brief

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Procedural Posture

Costs Application Concerning a Solicitor Litigant and the Chorley Exception in Proceedings in the Matter of New Tel Limited (in Liquidation) / After Dismissal of the Examinee's Application to Set Aside Orders Permitting Service Out of the Jurisdiction of an Examination Summons; Costs Reserved Pending Application for Leave to Appeal and Any Appeal

Legal Issues

  1. 1 ['Whether a solicitor acting for himself or herself is entitled to recover costs for acting in person under the Chorley exception.' 'Whether the costs of and incidental to the application should be determined immediately or reserved for the Full Court on the application for leave to appeal and any appeal.']

Ratio Decidendi

Because the application for leave to appeal and any appeal were imminent, and the Chorley exception was the only basis raised for opposing costs, it was appropriate to reserve the question of costs of and incidental to the application for determination by the Full Court on the application for leave to appeal and, if leave is granted, on the appeal.

Court Disposition

Costs reserved for determination by the Full Court on the application for leave to appeal and, if leave is granted, on the appeal.

Orders

  • ['The costs of and incidental to the application be reserved for determination by the Full Court on the application for leave to appeal and if leave is granted, on the appeal.']