High Court of Australia
HIGH COURT OF AUSTRALIA
GAGELER CJ,
GORDON, EDELMAN, STEWARD, GLEESON, JAGOT AND BEECH‑JONES JJ
BIRKETU PTY LTD & ANOR APPELLANTS
AND
JOHN LJUBOMIR ATANASKOVIC & ORS RESPONDENTS
Birketu Pty Ltd v Atanaskovic
[2025] HCA 2
Date of Hearing: 17 October 2024
Date of Judgment: 5 February 2025
S52/2024
ORDER
Appeal dismissed with costs.
On appeal from the Supreme Court of New South Wales
Representation
B W Walker SC with A R R Vincent for the appellants (instructed by HWL Ebsworth Lawyers)
S J Free SC with D Birch for the first and second respondents (instructed by Atanaskovic Hartnell)
Submitting appearance for the third respondent
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
Birketu Pty Ltd v Atanaskovic
Practice and procedure – Costs – Work performed by employed solicitor – Where first and second respondents are remaining partners of unincorporated law firm which obtained costs order against appellants – Where costs were sought for work undertaken by employed solicitors of unincorporated law firm – Whether order for costs in favour of an unincorporated law firm entitles firm to obtain recompense for legal work performed by employed solicitors of firm.
Words and phrases – "assessment of costs", "Chorley exception", "employed solicitor", "general common law principle", "general rule", "in-house lawyer rule", "in-house solicitor rule", "indemnity", "lawyer-client relationship", "legal services", "order for costs", "partner", "professional detachment", "professional fees", "quantification", "remuneration", "self-represented litigant", "unincorporated law firm".
Civil Procedure Act 2005 (NSW), ss 3, 98.
Legal Profession Uniform Law Application Act 2014 (NSW), Pt 7, Div 3.
Supreme Court Act 1986 (Vic), s 3.
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