Keith Hercules & Sons v Steedman, R. & Ors [1987] FCA 730

Keith Hercules & Sons v Steedman, R. & Ors [1987] FCA 730

The Federal Court has power under s.23 of the Federal Court of Australia Act 1976 to order its taxing officer to tax solicitor and client costs incurred in litigation in that court, and in the particular circumstances of this case—where convenience, consistency, and the efficient conclusion of the dispute between the Steedmans and their former solicitors were paramount—it was an appropriate exercise of discretion to make such an order and not to remit the costs to State procedures.

Parties
Appellant: Keith Hercules & Sons; First Respondent: Roger Charles Steedman; Second Respondent: Margaret Olive Steedman; Third Respondent: Golden Fleece Petroleum Ltd
Jurisdiction
Australia
Judgment Date
18 December 1987
Procedural Posture
Appeal / On Appeal From a Single Judge of the Federal Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
Taxation of Costs, Solicitor Client Costs, Jurisdiction of the Federal Court, Discretion in Taxation of Costs
Civil Procedure Taxation of Costs Solicitor Client Costs Jurisdiction of the Federal Court Discretion in Taxation of Costs

Case Brief

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Parties

Keith Hercules & Sons

Appellant

Roger Charles Steedman

First Respondent

Margaret Olive Steedman

Second Respondent

Golden Fleece Petroleum Ltd

Third Respondent

Procedural Posture

Appeal / On Appeal From a Single Judge of the Federal Court of Australia

Legal Issues

  1. 1 Whether the Federal Court has power to order its taxing officer to tax solicitor and client costs, rather than following State Supreme Court procedures
  2. 2 Whether the discretion exercised to order Federal Court taxation should have been disturbed on appeal

Ratio Decidendi

The Federal Court has power under s.23 of the Federal Court of Australia Act 1976 to order its taxing officer to tax solicitor and client costs incurred in litigation in that court, and in the particular circumstances of this case—where convenience, consistency, and the efficient conclusion of the dispute between the Steedmans and their former solicitors were paramount—it was an appropriate exercise of discretion to make such an order and not to remit the costs to State procedures.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal be dismissed with costs.