HALLIDAY V. SACS GROUP PTY LTD

HALLIDAY V. SACS GROUP PTY LTD

The costs incurred by the respondent's solicitor were incurred on behalf of the respondent despite the insurer's involvement, and the applicant failed to displace the presumption of a contract of retainer; the rule regarding reduction of costs does not apply as costs were ordered personally; payment of counsel's fees was adequately proved; no substance in additional objections.

Parties
Applicant: Halliday; Respondent: Sacs Group Pty. Ltd.
Jurisdiction
Australia
Judgment Date
23 December 1992
Procedural Posture
Review of Taxation of Costs / Decision on Application for Review of Taxation
Outcome
Application for review of taxation dismissed; applicant to pay costs of proceedings before the judge.
Legal Topics
Costs, Taxation of Costs, Solicitor Retainer, Liquidation, Cost Orders
Civil Procedure Costs Taxation of Costs Solicitor Retainer Liquidation Cost Orders

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Parties

Halliday

Applicant

Sacs Group Pty. Ltd.

Respondent

Procedural Posture

Review of Taxation of Costs / Decision on Application for Review of Taxation

Legal Issues

  1. 1 Whether respondent is entitled to recover costs where an insurer instructed and paid solicitors
  2. 2 Whether relevant rules on reduction of costs apply when respondent is in liquidation
  3. 3 Adequacy of proof of payment to counsel under relevant cost rules

Ratio Decidendi

The costs incurred by the respondent's solicitor were incurred on behalf of the respondent despite the insurer's involvement, and the applicant failed to displace the presumption of a contract of retainer; the rule regarding reduction of costs does not apply as costs were ordered personally; payment of counsel's fees was adequately proved; no substance in additional objections.

Court Disposition

Application for review of taxation dismissed; applicant to pay costs of proceedings before the judge.

Orders

  • Applicant's objections dismissed
  • Applicant to pay respondent's costs of these proceedings