CONCERIA PELL MEC SPA v SWEET RING IMPORTS PTY LIMITED [1995] NSWCA 90

CONCERIA PELL MEC SPA v SWEET RING IMPORTS PTY LIMITED [1995] NSWCA 90

The certificate of taxation should be set aside because there was evidence before the primary judge, overlooked by him, sufficient to raise doubt as to the retainer of Messrs Baker McKenzie by Sweet Ring Imports Pty Limited at the relevant time; the matter should be returned for reconsideration on the merits.

Parties
Claimant: Conceria Pell MEC SPA; Opponent: Sweet Ring Imports Pty Limited
Jurisdiction
Australia
Judgment Date
13 March 1995
Procedural Posture
Appeal / Court of Appeal Decision on Application to Set Aside Certificate of Taxation
Outcome
Appeal allowed; orders made by Rolfe J set aside; matter returned to Commercial Division; security for costs ordered.
Legal Topics
Taxation of Costs, Certificate of Taxation, Retainer of Solicitors, Review of Taxation, Security for Costs
Costs Practice & Procedure Taxation of Costs Certificate of Taxation Retainer of Solicitors Review of Taxation Security for Costs

Case Brief

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Parties

Conceria Pell MEC SPA

Claimant

Sweet Ring Imports Pty Limited

Opponent

Procedural Posture

Appeal / Court of Appeal Decision on Application to Set Aside Certificate of Taxation

Legal Issues

  1. 1 Whether there was adequate explanation for absence from taxation proceedings
  2. 2 Whether sufficient reason existed to set aside the certificate of taxation for costs allegedly incurred by Baker McKenzie
  3. 3 Whether Baker McKenzie was retained by Sweet Ring Imports Pty Limited

Ratio Decidendi

The certificate of taxation should be set aside because there was evidence before the primary judge, overlooked by him, sufficient to raise doubt as to the retainer of Messrs Baker McKenzie by Sweet Ring Imports Pty Limited at the relevant time; the matter should be returned for reconsideration on the merits.

Court Disposition

Appeal allowed; orders made by Rolfe J set aside; matter returned to Commercial Division; security for costs ordered.

Orders

  • Grant leave to appeal.
  • Allow the appeal.