Fitzgerald, Norman Albert & Anor v Klef Pty Ltd & Ors [1996] FCA 1083

Fitzgerald, Norman Albert & Anor v Klef Pty Ltd & Ors [1996] FCA 1083

The item 12 fee under the Federal Court of Australia Regulations is not payable upon the filing of a notice of objection to an estimate of costs; such a fee is only charged for the actual taxation of a bill of costs. Therefore, the notice of objection filed on 12 September 1996 was validly filed in accordance with O 62 r 46(3) of the Federal Court Rules and the Federal Court of Australia Regulations.

Parties
First Applicant: Norman Albert Fitzgerald; Second Applicant: Margaret Grace Fitzgerald; First Respondent: Klef Pty Ltd (ACN 002 311 453); Second Respondent: Burke Bond Nominees Pty Ltd (ACN 005 550 041); Third Respondent: Boolarong Management Limited (ACN 011 065 063); Fourth Respondent: Gomeno Pty Ltd (ACN 010 111 199); Sixth Respondent: David John Beer; Seventh Respondent: Northern Holiday Sales Pty Ltd (ACN 010 993 861)
Jurisdiction
Australia
Judgment Date
19 November 1996
Procedural Posture
Costs Review / Taxation Objection / Determination of Objection to Costs Assessment and Related Application
Outcome
Objection allowed; declaration made; costs order by consent
Legal Topics
Costs, Taxation of Costs, Federal Court Procedure
Civil Procedure Costs Taxation of Costs Federal Court Procedure

Case Brief

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Parties

Norman Albert Fitzgerald

First Applicant

Margaret Grace Fitzgerald

Second Applicant

Klef Pty Ltd (ACN 002 311 453)

First Respondent

Burke Bond Nominees Pty Ltd (ACN 005 550 041)

Second Respondent

Boolarong Management Limited (ACN 011 065 063)

Third Respondent

Gomeno Pty Ltd (ACN 010 111 199)

Fourth Respondent

David John Beer

Sixth Respondent

Northern Holiday Sales Pty Ltd (ACN 010 993 861)

Seventh Respondent

Procedural Posture

Costs Review / Taxation Objection / Determination of Objection to Costs Assessment and Related Application

Legal Issues

  1. 1 Whether the item 12 fee under the Federal Court of Australia Regulations is payable upon the filing of a notice of objection to an assessment of costs by the taxation officer

Ratio Decidendi

The item 12 fee under the Federal Court of Australia Regulations is not payable upon the filing of a notice of objection to an estimate of costs; such a fee is only charged for the actual taxation of a bill of costs. Therefore, the notice of objection filed on 12 September 1996 was validly filed in accordance with O 62 r 46(3) of the Federal Court Rules and the Federal Court of Australia Regulations.

Court Disposition

Objection allowed; declaration made; costs order by consent

Orders

  • Declaration that the first respondent’s notice of objection filed 12 September 1996 was filed in compliance with O 62 r 46(3) of the Federal Court Rules and with the Federal Court Regulations.
  • Order by consent that the first respondent pay the first and second applicants’ costs of this motion, fixed in the sum of $1,500.00, within 21 days of 19 November 1996.