Hickey v Deputy Commissioner of Taxation [1999] FCA 1731

Hickey v Deputy Commissioner of Taxation [1999] FCA 1731

The certificate of taxation was set aside and time was extended because the taxation process involved one bill of costs for two actions but two estimates, Ms Horne had been able to object so that taxation of the same bill could proceed while a certificate already stood against Mr Hickey, creating scope for inconsistency and confusion; Mr Hickey's failure to object in time was caused by circumstances beyond his control, including the filing of one bill, the Court's error in forwarding estimates, and his former solicitors' failure to notify him; and the Deputy Commissioner conceded that an extension would not cause relevant prejudice.

Jurisdiction
Australia
Judgment Date
13 December 1999
Procedural Posture
Notice of Motion Concerning Taxation of Costs / Referred to Judicial Registrar Boon Under Order 79 Rule 3 of the Federal Court Rules and Heard on the Papers After a Certificate of Taxation Had Issued
Outcome
Notice of motion allowed in part; certificate of taxation set aside; time to file and serve notice of objection extended; no order as to costs.
Legal Topics
['taxation of Costs' 'assessment Procedures' 'certificate of Taxation' 'extension of Time' 'notice of Objection to Estimate']
['costs' 'federal Court Procedure'] ['taxation of Costs' 'assessment Procedures' 'certificate of Taxation' 'extension of Time' 'notice of Objection to Estimate']

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

Notice of Motion Concerning Taxation of Costs / Referred to Judicial Registrar Boon Under Order 79 Rule 3 of the Federal Court Rules and Heard on the Papers After a Certificate of Taxation Had Issued

Legal Issues

  1. 1 ['Whether the certificate of taxation issued against Mr Hickey dated 6 September 1999 should be set aside' 'Whether the time for Mr Hickey to file and serve a notice of objection to the estimate should be extended' 'Whether the procedure of filing one bill of costs for two actions and issuing two estimates created difficulties warranting intervention']

Ratio Decidendi

The certificate of taxation was set aside and time was extended because the taxation process involved one bill of costs for two actions but two estimates, Ms Horne had been able to object so that taxation of the same bill could proceed while a certificate already stood against Mr Hickey, creating scope for inconsistency and confusion; Mr Hickey's failure to object in time was caused by circumstances beyond his control, including the filing of one bill, the Court's error in forwarding estimates, and his former solicitors' failure to notify him; and the Deputy Commissioner conceded that an extension would not cause relevant prejudice.

Court Disposition

Notice of motion allowed in part; certificate of taxation set aside; time to file and serve notice of objection extended; no order as to costs.

Orders

  • ['The certificate of taxation issued against the applicant (respondent) dated 6 September 1999 be set aside.' 'The time for the applicant (respondent) to file and serve on the respondent (applicant) a notice of objection to the estimate be extended for 14 days from the date of this order.' 'There be no order as to...