Axis Aviation Pty Ltd v Avtex Air Services Pty Ltd [1995] FCA 1166

Axis Aviation Pty Ltd v Avtex Air Services Pty Ltd [1995] FCA 1166

The proper construction of the 12 May 1992 costs order was that Axis Aviation Pty Ltd was liable for the applicants' costs up to and including the date of hearing, with its additional liability limited to the costs of one day of hearing, and not liable for the remaining days of the hearing. Because the order reflected what was intended, correction under the slip rule was refused. The Registrar did not err in refusing to apportion costs by issues relating only to Axis, but Axis was granted an extension of time to object to the estimate because, in circumstances not of its own making, the fourteen-day period elapsed and it lost its right to object.

Jurisdiction
Australia
Judgment Date
16 August 1995
Procedural Posture
Motion Concerning Review of Registrar's Taxation Decision, Slip Rule Correction, and Extension of Time to Object to Costs Estimate / Reasons for Judgment on Motion
Outcome
Motion dismissed except that time was extended for Axis Aviation Pty Ltd to serve a notice of objection, with conditional setting aside of the order for payment and certificate of taxation if a notice of objection and required security were filed within the extended period.
Legal Topics
['taxation of Costs' "review of Registrar's Decision" 'slip Rule' 'extension of Time' 'construction of Costs Order']
['civil Procedure' 'costs'] ['taxation of Costs' "review of Registrar's Decision" 'slip Rule' 'extension of Time' 'construction of Costs Order']

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Procedural Posture

Motion Concerning Review of Registrar's Taxation Decision, Slip Rule Correction, and Extension of Time to Object to Costs Estimate / Reasons for Judgment on Motion

Legal Issues

  1. 1 ["Whether the costs order made on 12 May 1992 limited Axis Aviation Pty Ltd's liability to the costs of one day of hearing only, excluding costs incurred before or after that day." 'Whether the order should be corrected under O35 r7(3) of the Federal Court Rules.' "Whether the Registrar erred by treating Axis Aviation Pty Ltd as liable for the applicants' pre-hearing costs without apportioning costs by issues directly concerning Axis." "Whether time should be extended for Axis Aviation Pty Ltd to object to the Registrar's estimate under O62 r46(3)(c) of the Federal Court Rules."]

Ratio Decidendi

The proper construction of the 12 May 1992 costs order was that Axis Aviation Pty Ltd was liable for the applicants' costs up to and including the date of hearing, with its additional liability limited to the costs of one day of hearing, and not liable for the remaining days of the hearing. Because the order reflected what was intended, correction under the slip rule was refused. The Registrar did not err in refusing to apportion costs by issues relating only to Axis, but Axis was granted an extension of time to object to the estimate because, in circumstances not of its own making, the fourteen-day period elapsed and it lost its right to object.

Court Disposition

Motion dismissed except that time was extended for Axis Aviation Pty Ltd to serve a notice of objection, with conditional setting aside of the order for payment and certificate of taxation if a notice of objection and required security were filed within the extended period.

Orders

  • ['The time to serve notice of objection to the estimate of Registrar Sexton pursuant to O62 r46(3)(c) of the Federal Court Rules was extended by fourteen days from the date of judgment.' 'Upon the filing of a notice of objection within the fourteen-day period and the giving of security as required by the rules, the...