Marketing Advisory Services v Tasmanian Football League Inc [2003] FCA 245
No error of principle or manifest excess found in taxing officer's determination regarding counsel's hourly rate or time spent; applicant failed to establish any reviewable error; review of taxing officer's discretionary decisions is limited and not to be conducted as if the reviewing judge were the original decision-maker.
- Jurisdiction
- Australia
- Judgment Date
- 19 March 2003
- Procedural Posture
- Judicial Review of Taxation of Costs / Application for Review Under O 62 R 44(1) of Federal Court Rules
- Outcome
- Application dismissed with costs to second respondent.
- Legal Topics
- ['taxation of Costs' 'judicial Review' 'discretionary Decision' 'error in Principle']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Judicial Review of Taxation of Costs / Application for Review Under O 62 R 44(1) of Federal Court Rules
Legal Issues
- 1 ['Correct test for review of taxation by taxing officer' 'Exercise of discretionary decision' 'Whether taxation manifestly wrong or erroneous in principle']
Ratio Decidendi
No error of principle or manifest excess found in taxing officer's determination regarding counsel's hourly rate or time spent; applicant failed to establish any reviewable error; review of taxing officer's discretionary decisions is limited and not to be conducted as if the reviewing judge were the original decision-maker.
Court Disposition
Application dismissed with costs to second respondent.
Orders
- ["The applicant's notice of motion dated 7 January 2003 is dismissed." "The applicant pay the second respondent's costs."]
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