Coshott v Barry [2016] NSWCA 358

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Coshott v Barry [2016] NSWCA 358 Hearing dates: 14 October 2016 Decision date: 15 December 2016 Before: Beazley ACJ at [1]; Meagher JA at [54]; Payne JA at [55] Decision: Summons dismissed with costs Catchwords: COSTS – solicitors acting for themselves in proceedings – costs order made for "costs of representing themselves" – costs assessment – costs assessment on the basis of the solicitors' professional costs

JUDICIAL REVIEW – application for judicial review of a dismissal of an appeal against a decision of a costs review panel – where costs assessment conducted on the basis that the solicitors were entitled their professional costs as part of their costs of representing themselves

JUDICIAL REVIEW – jurisdictional error – "Chorley exception" – whether primary judge erred by affirming a position that did not reflect the law in New South Wales

JUDICIAL REVIEW – jurisdictional error – collateral challenge to a costs order – not available in the costs assessment process Legislation Cited: Civil Procedure Act 2005 (NSW) Legal Profession Act 2004 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Australian Energy Ltd v Lennard Oil NL (No 2) (1988) 2 Qd R 230 Bechara v Bates [2016] NSWCA 294 Cachia v Hanes (1994) 179 CLR 403 eInduct Systems Pty Ltd v 3D Safety Services Pty Ltd (2015) 90 NSWLR 451; [2015] NSWCA 284 Guss v Veenhuizen (No 2) (1976) 136 CLR 47; [1976] HCA 57 London Scottish Benefit Society v Chorley (1884) 13 QBD 872 Owston Nominees No 2 Pty Ltd v Branir Pty Ltd (2003) 129 FCR 558; [2003] FCA 629 Polyaire Pty Ltd v K-aire Pty Ltd (No 4) [2007] SASC 36 State of New South Wales v Kable (No 2) (2013) 252 CLR 118; [2013] HCA 26 Wang v Farkas (2014) 85 NSWLR 390; [2014] NSWCA 29 Wilkie v Brown [2016] NSWCA 128 Category: Principal judgment Parties: Ljiljana Coshott (Applicant) Stephen Michael Barry (First Respondent) Martin Pearce Board (Second Respondent) Representation: Counsel: R Wilson SC; A Cheshire SC; S Spadijer (Applicant) M Castle; M Davis (Respondents)