Lawrence v Nikolaidis [2003] NSWCA 129

Lawrence v Nikolaidis [2003] NSWCA 129

A solicitor litigant may recover costs for professional legal work he does for himself, but not for work as a lay litigant or for time spent on non-professional activities such as preparing his own witness statement or attending court as a party, unless justified as witness expenses. Here, the costs assessor incorrectly applied the broader 'reasonable time spent' standard rather than the narrower test and allowed costs that should not have been allowed. The appeal is allowed and the costs assessment reduced accordingly.

Jurisdiction
Australia
Judgment Date
02 July 2003
Procedural Posture
Appeal / Final Judgment
Outcome
appeal allowed
Legal Topics
['assessment of Costs' 'self Represented Litigants' 'recovery of Costs by Solicitor Litigant']
['civil Procedure' 'costs'] ['assessment of Costs' 'self Represented Litigants' 'recovery of Costs by Solicitor Litigant']

Case Brief

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether a solicitor acting for himself is entitled to recover all reasonable expenses or only those requiring professional legal expertise' 'The extent of costs recoverable by self-represented solicitor-litigants vs other litigants']

Ratio Decidendi

A solicitor litigant may recover costs for professional legal work he does for himself, but not for work as a lay litigant or for time spent on non-professional activities such as preparing his own witness statement or attending court as a party, unless justified as witness expenses. Here, the costs assessor incorrectly applied the broader 'reasonable time spent' standard rather than the narrower test and allowed costs that should not have been allowed. The appeal is allowed and the costs assessment reduced accordingly.

Court Disposition

appeal allowed

Orders

  • ['The appeal be allowed' "The respondent to pay the appellant's costs of the appeal and to have a Suitors' Fund Act certificate if otherwise entitled" 'The amount of the assessment of costs be reduced by $5,000.00, to $22,409.56 as at 22 May 2001']