Clout v Gray & Anor [1995] FCA 206

Clout v Gray & Anor [1995] FCA 206

The evidence regarding the solicitor's entitlement to practice could have been discovered before the taxation and appeal by reasonable diligence; as such, the application to receive and consider that evidence is denied, and the original taxation decision stands.

Jurisdiction
Australia
Judgment Date
04 April 1995
Procedural Posture
Appeal / Judgment
Outcome
application dismissed
Legal Topics
['taxation of Costs' 'solicitor Entitlement to Practice' 'reception of Further Evidence']
['bankruptcy' 'civil Procedure'] ['taxation of Costs' 'solicitor Entitlement to Practice' 'reception of Further Evidence']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether further evidence regarding solicitor entitlement should be admitted on appeal from taxation of costs' 'Whether costs incurred by an uncertified solicitor are recoverable' 'Proper procedure for raising objections to solicitor certification']

Ratio Decidendi

The evidence regarding the solicitor's entitlement to practice could have been discovered before the taxation and appeal by reasonable diligence; as such, the application to receive and consider that evidence is denied, and the original taxation decision stands.

Court Disposition

application dismissed

Orders

  • ['the application be dismissed' "the applicant pay the respondents' costs, to be taxed if not agreed"]