Khera v Jones

[2006] NSWCA 85

NSW Court of Appeal

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Interrogate

Catchwords

1. Costs
2. › Self-represented litigant
3. › Professional costs
4. › Chorley exception
5. › Recovery by solicitor litigant in person
6. › Whether exception applies to unemployed solicitor holding practising certificate
7. › Legal Profession Act 1987 (NSW), s 208L
1. Practice and Procedure
2. › Leave to appeal
3. › Costs assessment
4. › Whether sufficient prospects of success to warrant grant of leave
5. › Whether Court of Appeal bound by prior decision in Atlas v Kalyk
1. Costs
2. › Self-represented litigant
3. › Chorley exception
4. › Whether exception should be abandoned
5. › Whether intermediate appellate court bound by High Court authority in Guss v Veenhuizen (No 2)

Quick Take

The Chorley exception permitting solicitor litigants in person to recover professional costs applies even where the solicitor is unemployed at the time of the litigation, provided they hold a practising certificate. The NSWCA considers the Chorley exception anomalous and would abandon it if not bound by Guss v Veenhuizen (No 2), but only the High Court can take that step.