Coshott v Spencer

[2017] NSWCA 118

NSW Court of Appeal

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Interrogate

Catchwords

1. Costs
2. › Costs assessment
3. › Legal Profession Act 2004 (NSW)
4. › Jurisdiction of costs assessor
5. › Whether costs assessor had jurisdiction to determine standing of applicant as 'third party payer'
6. › Role of Manager, Costs Assessment
7. › Whether determination of status reserved to Manager
8. › Legal Profession Act 2004 (NSW), ss 302A, 350, 357, 358, 359
1. Costs
2. › Costs assessment
3. › Third party payer
4. › Meaning of 'non-associated third party payer'
5. › Whether person who lent money to client for legal costs was under 'legal obligation to pay' costs
6. › Legal Profession Act 2004 (NSW), s 302A(1)(a), (c)
1. Costs
2. › Self-represented litigant
3. › Chorley exception
4. › Whether self-represented solicitor entitled to professional costs
5. › Whether Chorley exception applies in New South Wales
6. › Whether statutory definition of 'costs' renders exception inapplicable
7. › Civil Procedure Act 2005 (NSW), ss 3, 98
1. Administrative Law
2. › Jurisdictional error
3. › Administrative officer's power to determine limits of own authority
4. › Whether costs assessor could determine whether acting within jurisdiction

Quick Take

Practitioners in New South Wales should note that the Chorley exception continues to apply, permitting self-represented solicitors to recover professional costs, and that costs assessors have jurisdiction to determine whether an applicant is a 'third party payer' under the costs assessment regime.