Owston Nominees No 2 & Anor v Branir Pty Ltd & Ors [1998] FCA 1798

Owston Nominees No 2 & Anor v Branir Pty Ltd & Ors [1998] FCA 1798

The action for Item 12 purposes was the taxing of the bill of costs. On the better construction of regulation 2, the party who lodged the bill for taxation is the party for whom the taxation is done and is liable to pay the fee, because that construction ensures the costs order can be quantified and enforced. The Registrar's direction that the applicants pay the fee was therefore set aside, but the Court used its discretion to require the respondents to pay $2,000 in satisfaction of the fee requirement. Security for the 27 August 1997 costs order was warranted because the order was intended to give the respondents early recovery, payment had not occurred after more than twelve months, and...

Jurisdiction
Australia
Judgment Date
31 August 1998
Procedural Posture
Practice and Procedure; Costs / Motions Concerning Payment of the Taxation Fee for a Bill of Costs and Security for the Costs Order Made on 27 August 1997
Outcome
Registrar's direction set aside; respondents ordered to pay a reduced taxation fee; applicants ordered to provide security for the costs order with default provision for a certificate of taxation.
Legal Topics
['taxation of Costs' "registrar's Assessment of a Bill of Costs" 'notice of Objection' 'federal Court Fees' 'security for Costs' 'interlocutory Costs Order']
['practice and Procedure' 'costs'] ['taxation of Costs' "registrar's Assessment of a Bill of Costs" 'notice of Objection' 'federal Court Fees' 'security for Costs' 'interlocutory Costs Order']

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

Practice and Procedure; Costs / Motions Concerning Payment of the Taxation Fee for a Bill of Costs and Security for the Costs Order Made on 27 August 1997

Legal Issues

  1. 1 ["Did the Registrar direct that the applicants pay the Item 12 fee, either as a matter of law or within the ambit of the Court's discretion in regulation 2(1A)?" 'On the proper construction of the regulations, who is liable to pay the Item 12 fee when a notice of objection to an assessment is filed?' "If the applicants were liable to pay the Item 12 fee, should the Court vary the Registrar's order and direct the respondents to pay the fee?" "If the Registrar's order should not be varied, are regulation 2(1A)(b) and the Schedule ultra vires?" 'Whether the respondents should have security for the costs order of 27 August 1997.']

Ratio Decidendi

The action for Item 12 purposes was the taxing of the bill of costs. On the better construction of regulation 2, the party who lodged the bill for taxation is the party for whom the taxation is done and is liable to pay the fee, because that construction ensures the costs order can be quantified and enforced. The Registrar's direction that the applicants pay the fee was therefore set aside, but the Court used its discretion to require the respondents to pay $2,000 in satisfaction of the fee requirement. Security for the 27 August 1997 costs order was warranted because the order was intended to give the respondents early recovery, payment had not occurred after more than twelve months, and...

Court Disposition

Registrar's direction set aside; respondents ordered to pay a reduced taxation fee; applicants ordered to provide security for the costs order with default provision for a certificate of taxation.

Orders

  • ["The Registrar's direction that the applicants pay the Item 12 fee provided in the Schedule to the Federal Court of Australia Regulations for the taxation of costs be set aside." 'The respondents pay $2000 within 28 days after the provision of the security in Order 3 in satisfaction of the requirement in regulation...