Spencer v Coshott

(2021) 106 NSWLR 84; [2021] NSWCA 235

NSW Court of Appeal

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Interrogate

Catchwords

1. Costs
2. › Recovery of professional costs
3. › [name withheld] exception
4. › Incorporated legal practice
5. › Solicitor as sole director and shareholder
6. › Whether professional costs charged by incorporated legal practice recoverable under costs order
7. › Whether [name withheld] Lawyers Pty Ltd v [name withheld] precludes recovery
8. › Civil Procedure Act 2005 (NSW), ss 3(1), 98(1)
1. Costs
2. › Separate corporate personality
3. › Whether corporate veil may be lifted to treat solicitor-litigant as self-represented
4. › Agency principle
5. › Salomon v Salomon & Co Ltd [1897] AC 22
1. Judicial Review
2. › Error of law on the face of the record
3. › What constitutes 'the record'
4. › Incorporation by reference
5. › Whether reasons of inferior tribunal and judgment of superior court form part of the record
6. › Supreme Court Act 1970 (NSW), s 69(3), (4)

Quick Take

Solicitors who are sole directors and shareholders of incorporated legal practices can recover professional costs charged by those practices under costs orders, as the abolition of the [name withheld] exception does not extend to costs incurred by a separate corporate entity.