Maher v Commonwealth Bank of Australia & Ors [2007] FCA 560

Maher v Commonwealth Bank of Australia & Ors [2007] FCA 560

Leave to appeal refused because (1) the certificate of taxation and related order were made under the costs orders of 2 and 5 February 2004, not under unentered orders of 26 July 2005; (2) arguments regarding the necessity of entry under O 36 r 2 were not raised before the primary judge; (3) no substantial injustice shown due to timing of entry versus certificate/order issue.

Parties
Applicant: Dennis Maher; First Respondent: Commonwealth Bank of Australia (ACN 123 123 124); Second Respondent: Greg Firth; Third Respondent: Gray & Johnson (A Firm); Fourth Respondent: The Registrar of Titles (Victoria); Fifth Respondent: The Official Trustee in Bankruptcy
Jurisdiction
Australia
Judgment Date
20 April 2007
Procedural Posture
Application for Leave to Appeal / Judgment on Application for Leave
Outcome
Application for leave to appeal refused
Legal Topics
Leave to Appeal, Interlocutory Judgment, Costs Orders, Certificates of Taxation, Entry of Orders
Practice and Procedure Leave to Appeal Interlocutory Judgment Costs Orders Certificates of Taxation Entry of Orders

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 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Dennis Maher

Applicant

Commonwealth Bank of Australia (ACN 123 123 124)

First Respondent

Greg Firth

Second Respondent

Gray & Johnson (A Firm)

Third Respondent

The Registrar of Titles (Victoria)

Fourth Respondent

The Official Trustee in Bankruptcy

Fifth Respondent

Procedural Posture

Application for Leave to Appeal / Judgment on Application for Leave

Legal Issues

  1. 1 Whether leave should be granted to appeal from dismissal of a motion to set aside a certificate of taxation and related order for want of jurisdiction before entry of prior orders

Ratio Decidendi

Leave to appeal refused because (1) the certificate of taxation and related order were made under the costs orders of 2 and 5 February 2004, not under unentered orders of 26 July 2005; (2) arguments regarding the necessity of entry under O 36 r 2 were not raised before the primary judge; (3) no substantial injustice shown due to timing of entry versus certificate/order issue.

Court Disposition

Application for leave to appeal refused

Orders

  • The application for leave to appeal from the judgment of Jessup J, given on 14 February 2007 is refused.
  • The applicant pay the first, second and third respondents' costs of the application other than its costs of the hearing on 22 March 2007.