Michael Wilson & Partners Ltd v Porter (No 5) [2025] FCA 5

Michael Wilson & Partners Ltd v Porter (No 5) [2025] FCA 5

The application for extension of time was refused as the applicant failed to provide a substantive basis or evidence to justify the extension, particularly given the modesty of the sum and Mr Wilson’s recovery from illness. The referee’s report was adopted as there was no challenge to it and no error of law or assessment was identified.

Parties
Applicant: Michael Wilson & Partners Ltd; First Respondent: Jason Lloyd Porter; Second Respondent: Richard Moretti
Jurisdiction
Australia
Judgment Date
13 January 2025
Procedural Posture
Practice and Procedure / Post Cost Assessment, Application to Extend Time, Consideration of Referee Report Adoption
Outcome
Application for extension of time refused; referee’s report adopted; costs fixed; restrictions on further filings imposed.
Legal Topics
Costs, Referees, Extension of Time, Adoption of Referee's Report
Civil Procedure Costs Referees Extension of Time Adoption of Referee's Report

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Parties

Michael Wilson & Partners Ltd

Applicant

Jason Lloyd Porter

First Respondent

Richard Moretti

Second Respondent

Procedural Posture

Practice and Procedure / Post Cost Assessment, Application to Extend Time, Consideration of Referee Report Adoption

Legal Issues

  1. 1 Whether to grant an extension of time for application objecting to adoption of referee's report under r 28.67(1) of the Federal Court Rules 2011 (Cth)
  2. 2 Whether the referee's report on costs should be adopted

Ratio Decidendi

The application for extension of time was refused as the applicant failed to provide a substantive basis or evidence to justify the extension, particularly given the modesty of the sum and Mr Wilson’s recovery from illness. The referee’s report was adopted as there was no challenge to it and no error of law or assessment was identified.

Court Disposition

Application for extension of time refused; referee’s report adopted; costs fixed; restrictions on further filings imposed.

Orders

  • The application to extend time under r 28.67(1) is refused.
  • Upon application by respondents, the referee’s report dated 18 November 2024 is adopted and costs fixed at $16,322.38.