Giannarelli v Wraith [No 2] [1991] HCA 2

Giannarelli v Wraith [No 2] [1991] HCA 2

The taxing officer may require production of documents for taxation of costs if a genuine issue of fact arises, but respondents may refuse to produce privileged documents. The officer cannot compel production nor refuse to tax the bill due to such refusal. Disclosure of privileged documents operates as waiver and entitles the other side to copies.

Jurisdiction
Australia
Procedural Posture
Order on Taxation of Costs / Reference From Taxing Officer Pursuant to O. 71, R. 19(3) High Court Rules
Outcome
Answered referred questions; matter remitted to taxing officer; counsel certified.
Legal Topics
['taxation of Costs' 'legal Professional Privilege' 'production of Documents']
['civil Procedure'] ['taxation of Costs' 'legal Professional Privilege' 'production of Documents']

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Procedural Posture

Order on Taxation of Costs / Reference From Taxing Officer Pursuant to O. 71, R. 19(3) High Court Rules

Legal Issues

  1. 1 ['Whether the taxing officer is entitled to require production of documents to determine liability for costs' 'Whether respondents can refuse production on grounds of privilege or without grounds' 'Whether the taxing officer can compel production or refuse to tax the bill if documents are withheld' 'Whether the taxing officer must provide copies of documents to the other party']

Ratio Decidendi

The taxing officer may require production of documents for taxation of costs if a genuine issue of fact arises, but respondents may refuse to produce privileged documents. The officer cannot compel production nor refuse to tax the bill due to such refusal. Disclosure of privileged documents operates as waiver and entitles the other side to copies.

Court Disposition

Answered referred questions; matter remitted to taxing officer; counsel certified.

Orders

  • ["Taxing officer entitled to require production of specified documents for purpose of determining if there was an agreement regarding liability for solicitors' costs." 'Respondents may refuse production if documents are privileged, but not otherwise without grounds.' 'Taxing officer cannot compel production of...