Australian Communications and Media Authority v Clarity1 Pty Ltd (ABN 60 106 529 604) [2008] FCA 1449

Australian Communications and Media Authority v Clarity1 Pty Ltd (ABN 60 106 529 604) [2008] FCA 1449

The order of 31 October 2007 should be set aside because proper service of the certificate of taxation upon Mr Mansfield was not proven; the basis of service relied upon at the time (email) was not authorised, and the evidence regarding postage was purely inferential with no sufficient, direct proof of mailing. Interests of justice required the opportunity for Mr Mansfield to object to the costs estimate given the substantial sums at stake.

Jurisdiction
Australia
Judgment Date
25 September 2008
Procedural Posture
Motion/application to Set Aside Costs Order / Post Judgment (application to Set Aside Order of Registrar)
Outcome
Order of 31 October 2007 set aside. Leave granted to file and serve notice of objection to costs estimate and submissions on costs.
Legal Topics
['service of Documents' 'setting Aside Judgment/orders' 'costs Taxation' 'extension of Time']
['practice and Procedure' 'civil Procedure'] ['service of Documents' 'setting Aside Judgment/orders' 'costs Taxation' 'extension of Time']

Case Brief

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Procedural Posture

Motion/application to Set Aside Costs Order / Post Judgment (application to Set Aside Order of Registrar)

Legal Issues

  1. 1 ['Whether the order for costs should be set aside due to lack of proper service of certificate of taxation' 'Whether there was proof of service (by email or post) of the certificate of taxation on the second respondent' 'Whether non-service constitutes an irregularity or a substantive failure justifying setting aside the order' 'Whether the second respondent should be granted leave to file and serve a notice of objection to the costs estimate out of time']

Ratio Decidendi

The order of 31 October 2007 should be set aside because proper service of the certificate of taxation upon Mr Mansfield was not proven; the basis of service relied upon at the time (email) was not authorised, and the evidence regarding postage was purely inferential with no sufficient, direct proof of mailing. Interests of justice required the opportunity for Mr Mansfield to object to the costs estimate given the substantial sums at stake.

Court Disposition

Order of 31 October 2007 set aside. Leave granted to file and serve notice of objection to costs estimate and submissions on costs.

Orders

  • ['The order of 31 October 2007 be set aside.' 'The second respondent do file and serve within 21 days any notice and grounds of objection to the costs estimate contained in the Certificate.' 'The second respondent do file and serve within 7 days any submissions on costs of this motion and the applicant do file and...