Marketing Advisory Services v Tasmanian Football League Inc [2002] FCA 990

Marketing Advisory Services v Tasmanian Football League Inc [2002] FCA 990

Given the applicant was self-represented and not at the taxation, and no real prejudice to respondents was shown, it was reasonable to extend time for objection so the applicant could pursue review of taxed costs.

Parties
Applicant: Marketing Advisory Services; First Respondent: The Tasmanian Football League Inc; Second Respondent: Football Tasmania Ltd
Jurisdiction
Australia
Judgment Date
31 July 2002
Procedural Posture
Application for Extension of Time to Object to Taxation of Costs / Hearing and Order on Application for Extension of Time
Outcome
Application for extension of time granted with costs against applicant.
Legal Topics
Taxation of Costs, Extension of Time, Unrepresented Litigant, Federal Court Rules
Civil Procedure Taxation of Costs Extension of Time Unrepresented Litigant Federal Court Rules

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Parties

Marketing Advisory Services

Applicant

The Tasmanian Football League Inc

First Respondent

Football Tasmania Ltd

Second Respondent

Procedural Posture

Application for Extension of Time to Object to Taxation of Costs / Hearing and Order on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant should be granted an extension of time to object to a decision of the taxing officer under the Federal Court Rules O 3 r 3
  2. 2 Whether notice of motion filed out of time can be treated as a statement of objections under O 62 r 42(4)
  3. 3 Whether applicant's delay in objecting is excusable, particularly as an unrepresented litigant

Ratio Decidendi

Given the applicant was self-represented and not at the taxation, and no real prejudice to respondents was shown, it was reasonable to extend time for objection so the applicant could pursue review of taxed costs.

Court Disposition

Application for extension of time granted with costs against applicant.

Orders

  • Time for filing notice of motion under O 62 r 42(3) extended until 31 July 2002.
  • Notice of motion filed 10 May 2002 treated nunc pro tunc as notice of motion for purposes of O 62 r 42(2).