Davey v Dessco Pty Ltd [2019] FCA 1735

Davey v Dessco Pty Ltd [2019] FCA 1735

The respondent's application was dismissed because Bell restricts what costs a self-represented solicitor-litigant can recover but does not dictate the phrasing of the costs order. The registrar's costs order was in proper terms and consistent with Bell; there was no legal basis to limit it further.

Jurisdiction
Australia
Judgment Date
18 October 2019
Procedural Posture
Interim Application to Review Costs Order by Registrar / Hearing and Dismissal of Interim Application
Outcome
Respondent's interim application dismissed with costs awarded to the applicant; extension of deadline for leave to appeal.
Legal Topics
['costs' 'abolition of Chorley Exception' 'self Represented Lawyer Costs' 'abuse of Process']
['practice and Procedure' 'commercial and Corporations' 'personal Insolvency'] ['costs' 'abolition of Chorley Exception' 'self Represented Lawyer Costs' 'abuse of Process']

Case Brief

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Procedural Posture

Interim Application to Review Costs Order by Registrar / Hearing and Dismissal of Interim Application

Legal Issues

  1. 1 ['Whether a costs order in favour of a self-represented lawyer should be confined to out-of-pocket expenses following Bell Lawyers Pty Ltd v Pentelow' 'Application and interpretation of High Court decision abolishing Chorley exception']

Ratio Decidendi

The respondent's application was dismissed because Bell restricts what costs a self-represented solicitor-litigant can recover but does not dictate the phrasing of the costs order. The registrar's costs order was in proper terms and consistent with Bell; there was no legal basis to limit it further.

Court Disposition

Respondent's interim application dismissed with costs awarded to the applicant; extension of deadline for leave to appeal.

Orders

  • ["The respondent's interim application filed 9 October 2019 is dismissed." "The respondent pay the applicant's costs of and incidental to the interim application as agreed or assessed." 'The deadline by which the respondent must file an application for leave to appeal the orders made herein on Friday, 18 October...