Fuller, Donald v Minister for Primary Industries & Energy & Anor [1998] FCA 377

Fuller, Donald v Minister for Primary Industries & Energy & Anor [1998] FCA 377

There was no basis to stay the issue of the certificate of taxation because Mr Fuller, after being specifically invited by the Registrar to use the objection procedure under O 62 r 46(3), declined to do so; having eschewed the process provided by the Rules, he could not call upon the Court to delay issue of the certificate.

Jurisdiction
Australia
Judgment Date
15 April 1998
Procedural Posture
Motion to Stay Issue of Costs Certificate / Federal Court Motion Following Dismissal of Application and Full Court Proceedings, With Special Leave Applications to the High Court Pending
Outcome
Motion dismissed.
Legal Topics
['taxation of Costs' 'costs Estimate' 'certificate of Taxation' 'stay Pending Special Leave Application' 'federal Court Rules O 62 R 45' 'federal Court Rules O 62 R 46(3)']
['costs' 'administrative Law' 'federal Court Procedure'] ['taxation of Costs' 'costs Estimate' 'certificate of Taxation' 'stay Pending Special Leave Application' 'federal Court Rules O 62 R 45' 'federal Court Rules O 62 R 46(3)']

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Procedural Posture

Motion to Stay Issue of Costs Certificate / Federal Court Motion Following Dismissal of Application and Full Court Proceedings, With Special Leave Applications to the High Court Pending

Legal Issues

  1. 1 ["Whether the Court should stay the issue of a certificate of taxation pending determination of the applicant's appeal and related proceedings including special leave applications in the High Court." 'Whether the applicant, having not followed the objection procedure under O 62 r 46(3), could require delay in the issue of the costs certificate.']

Ratio Decidendi

There was no basis to stay the issue of the certificate of taxation because Mr Fuller, after being specifically invited by the Registrar to use the objection procedure under O 62 r 46(3), declined to do so; having eschewed the process provided by the Rules, he could not call upon the Court to delay issue of the certificate.

Court Disposition

Motion dismissed.

Orders

  • ['The motion is dismissed.' 'Costs of the motion reserved.']