Finch v The Heat Group Pty Ltd (No 3) [2016] FCA 102

Finch v The Heat Group Pty Ltd (No 3) [2016] FCA 102

There was no basis to set aside or vary the costs order because none of the limited grounds in r 39.05 were made out, there was no error, slip, or fraud, and no compelling reason in the interests of justice. The costs estimate under r 40.20 is not a judgment or order and cannot be set aside under rr 39.04 or 39.05. The application for recusal was also dismissed as there was no reasonable apprehension of bias.

Parties
Applicant: Jo-Anne Finch; First Respondent: The Heat Group Pty Ltd; Second Respondent: Gillian Franklin; Third Respondent: John Simcocks; Fourth Respondent: Darren Scotti; Fifth Respondent: Peter Kadelcik; Sixth Respondent: Adam White
Jurisdiction
Australia
Judgment Date
17 February 2016
Procedural Posture
Application to Vary or Set Aside Costs Order / Post Judgment, Interlocutory Application to Set Aside/vary Prior Costs Order and Related Orders
Outcome
Application dismissed
Legal Topics
Costs, Recusal, Slip Rule, Taxation of Costs, Application to Vary or Set Aside Costs Order
Practice and Procedure Costs Recusal Slip Rule Taxation of Costs Application to Vary or Set Aside Costs Order

Case Brief

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Parties

Jo-Anne Finch

Applicant

The Heat Group Pty Ltd

First Respondent

Gillian Franklin

Second Respondent

John Simcocks

Third Respondent

Darren Scotti

Fourth Respondent

Peter Kadelcik

Fifth Respondent

Adam White

Sixth Respondent

Procedural Posture

Application to Vary or Set Aside Costs Order / Post Judgment, Interlocutory Application to Set Aside/vary Prior Costs Order and Related Orders

Legal Issues

  1. 1 Whether the Court should exercise its power to vary or set aside a previously entered costs order
  2. 2 Whether the costs estimate under r 40.20 of the Federal Court Rules 2011 is a judgment or order capable of being set aside
  3. 3 Whether a stay of taxation should be granted

Ratio Decidendi

There was no basis to set aside or vary the costs order because none of the limited grounds in r 39.05 were made out, there was no error, slip, or fraud, and no compelling reason in the interests of justice. The costs estimate under r 40.20 is not a judgment or order and cannot be set aside under rr 39.04 or 39.05. The application for recusal was also dismissed as there was no reasonable apprehension of bias.

Court Disposition

Application dismissed

Orders

  • Leave is granted to amend the application dated 4 November 2015 in the form of the draft Amended Interlocutory Application dated 18 December 2015.
  • The application is dismissed.