Australian Medic-Care Company Ltd v Hamilton Pharmaceutical Pty Ltd [2010] FCA 1404

Australian Medic-Care Company Ltd v Hamilton Pharmaceutical Pty Ltd [2010] FCA 1404

Australian Medic-Care failed to prove it did not receive the notice of the estimate; service was effected as required by the Federal Court Rules. The rules do not provide the Court discretion to set aside the certificate of taxation in these circumstances. The application must be dismissed.

Jurisdiction
Australia
Judgment Date
15 December 2010
Procedural Posture
Notice of Motion (application) in Substantive Proceedings / Costs Assessment – Application to Set Aside Certificate of Taxation
Outcome
Application dismissed
Legal Topics
['costs' 'taxation of Costs' 'application to Set Aside Certificate of Taxation' 'service of Documents']
['civil Procedure'] ['costs' 'taxation of Costs' 'application to Set Aside Certificate of Taxation' 'service of Documents']

Case Brief

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Procedural Posture

Notice of Motion (application) in Substantive Proceedings / Costs Assessment – Application to Set Aside Certificate of Taxation

Legal Issues

  1. 1 ['Whether the applicant received notice of the estimate of costs under O 62 r 46(3)(cb)' 'Whether the certificate of taxation should be set aside']

Ratio Decidendi

Australian Medic-Care failed to prove it did not receive the notice of the estimate; service was effected as required by the Federal Court Rules. The rules do not provide the Court discretion to set aside the certificate of taxation in these circumstances. The application must be dismissed.

Court Disposition

Application dismissed

Orders

  • ['The notice of motion dated 19 November 2010 be dismissed.']