Dunstan v Seymour [2006] FCA 917

Dunstan v Seymour [2006] FCA 917

The Court had power to fix the costs in a gross sum notwithstanding that taxation had commenced. The taxation had become unduly protracted and expensive, the defendants had not caused the slow progress by improper conduct, further taxation costs were unlikely to be recovered from Mr Dunstan, and a conservative approach based on the taxing officer's estimates would avoid disadvantage to Mr Dunstan. The costs ordered on 14 September 1998 were therefore fixed at $11,200 in ACD 31 of 1997 and $11,100 in ACD 32 of 1997, while issues concerning taxation costs and the 13 September 2002 costs were adjourned.

Jurisdiction
Australia
Judgment Date
20 July 2006
Procedural Posture
Costs Application / Application to Fix Costs in a Gross Sum After Taxation of Costs Had Commenced
Outcome
Costs fixed in gross sums; remaining costs issues adjourned to a date to be fixed.
Legal Topics
['lump Sum Costs Order' 'taxation of Costs' 'gross Sum Costs' 'power to Vary Method of Quantifying Costs']
['costs' 'federal Court Procedure'] ['lump Sum Costs Order' 'taxation of Costs' 'gross Sum Costs' 'power to Vary Method of Quantifying Costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Costs Application / Application to Fix Costs in a Gross Sum After Taxation of Costs Had Commenced

Legal Issues

  1. 1 ['Whether the Court had power under O 62 r 4(2)(c) of the Federal Court Rules to fix costs in a gross sum after taxation of costs had already commenced.' 'Whether the costs ordered on 14 September 1998 should be fixed in a gross sum.' 'What gross sums should be fixed for the costs ordered on 14 September 1998.' 'Whether and how the Court should deal with the costs of taxation to date and the costs ordered on 13 September 2002.']

Ratio Decidendi

The Court had power to fix the costs in a gross sum notwithstanding that taxation had commenced. The taxation had become unduly protracted and expensive, the defendants had not caused the slow progress by improper conduct, further taxation costs were unlikely to be recovered from Mr Dunstan, and a conservative approach based on the taxing officer's estimates would avoid disadvantage to Mr Dunstan. The costs ordered on 14 September 1998 were therefore fixed at $11,200 in ACD 31 of 1997 and $11,100 in ACD 32 of 1997, while issues concerning taxation costs and the 13 September 2002 costs were adjourned.

Court Disposition

Costs fixed in gross sums; remaining costs issues adjourned to a date to be fixed.

Orders

  • ['In ACD 31 of 1997, the costs ordered to be paid by Colin George Dunstan to Geoffrey Seymour by order of 14 September 1998 be fixed in the gross sum of $11,200.' 'In ACD 31 of 1997, the issue as to the costs of taxation of the costs ordered to be paid by order of 14 September 1998 be adjourned to a date to be...