Titan, J. v Babic, T. & Ors [1995] FCA 813

Titan, J. v Babic, T. & Ors [1995] FCA 813

The engagement of senior counsel for the appeal was not necessary or proper for the attainment of justice at this stage; such costs should not be borne by the applicant. The taxing officer failed to provide adequate reasons for allowing 15% for general care and conduct, and must reconsider this allowance and provide proper reasons for his decision.

Jurisdiction
Australia
Judgment Date
11 October 1995
Procedural Posture
Motion for Review of Taxation of Costs / Judgment on Review Under Federal Court Rules O62 R44
Outcome
Certificate of taxing officer set aside; matter remitted for reconsideration as directed.
Legal Topics
['taxation of Costs' 'allowance for Senior Counsel' 'general Care and Conduct Percentage' 'adequacy of Reasons From Taxing Officer' 'self Represented Litigants']
['costs' 'appeal Procedure' 'civil Procedure'] ['taxation of Costs' 'allowance for Senior Counsel' 'general Care and Conduct Percentage' 'adequacy of Reasons From Taxing Officer' 'self Represented Litigants']

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Procedural Posture

Motion for Review of Taxation of Costs / Judgment on Review Under Federal Court Rules O62 R44

Legal Issues

  1. 1 ['Whether engagement of senior counsel was necessary and proper for the appeal costs under O62 r19' 'Whether the taxing officer gave adequate reasons for awarding 15% for general care and conduct' 'Whether inclusion of interlocutory judgment in the Appeal Book was proper']

Ratio Decidendi

The engagement of senior counsel for the appeal was not necessary or proper for the attainment of justice at this stage; such costs should not be borne by the applicant. The taxing officer failed to provide adequate reasons for allowing 15% for general care and conduct, and must reconsider this allowance and provide proper reasons for his decision.

Court Disposition

Certificate of taxing officer set aside; matter remitted for reconsideration as directed.

Orders

  • ['The certificate of the taxing officer be set aside.' 'The taxing officer is directed to tax the bill of costs on the basis that objection to the engagement of senior counsel should be allowed.' 'The taxing officer is to reconsider the allowance for general care and conduct and provide the appellant adequate...