Wilkie v Brown [2016] NSWCA 128

Wilkie v Brown [2016] NSWCA 128

In the circumstances, and in the absence of an active contradictor, the Court accepted (without finally determining the legal principle) that the respondent, a solicitor acting for himself, was entitled to a gross sum costs order in the amount claimed, as the applicant was taken to have conceded the point by not making submissions. The amount claimed was reasonable, and a gross sum order was appropriate.

Parties
Applicant: Sophia Wilkie; Respondent: Michael Neil Brown
Jurisdiction
Australia
Judgment Date
26 May 2016
Procedural Posture
Judicial Review Civil Costs / Costs Determination After Withdrawal of Judicial Review Application
Outcome
Application for judicial review withdrawn; costs awarded to respondent in gross sum; notice of motion otherwise dismissed.
Legal Topics
Costs, Solicitor Acting in Person, Gross Sum Costs Order, Costs Assessment
Civil Procedure Legal Profession Costs Solicitor Acting in Person Gross Sum Costs Order Costs Assessment

Case Brief

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Parties

Sophia Wilkie

Applicant

Michael Neil Brown

Respondent

Procedural Posture

Judicial Review Civil Costs / Costs Determination After Withdrawal of Judicial Review Application

Legal Issues

  1. 1 Whether a solicitor acting in person may recover professional costs for time spent preparing a case in NSW Supreme Court proceedings
  2. 2 Whether a gross sum costs order is appropriate and whether the amount claimed is reasonable under Civil Procedure Act 2005 (NSW)

Ratio Decidendi

In the circumstances, and in the absence of an active contradictor, the Court accepted (without finally determining the legal principle) that the respondent, a solicitor acting for himself, was entitled to a gross sum costs order in the amount claimed, as the applicant was taken to have conceded the point by not making submissions. The amount claimed was reasonable, and a gross sum order was appropriate.

Court Disposition

Application for judicial review withdrawn; costs awarded to respondent in gross sum; notice of motion otherwise dismissed.

Orders

  • Sophia Wilkie pay Michael Brown's costs of her summons seeking judicial review in the sum of $5,161.20, in addition to any costs orders previously made.
  • Notice of motion dated 26 April 2016 otherwise dismissed.