Grimaldi v Chameleon Mining NL (No 3) [2014] FCA 529

Grimaldi v Chameleon Mining NL (No 3) [2014] FCA 529

The certificate of taxation was issued in the absence of Mr Grimaldi, activating the power under FCR 39.05(a), but as Mr Grimaldi did not demonstrate any substantial reason or evidence that setting aside the certificate would lead to a different result, the application must be dismissed.

Jurisdiction
Australia
Judgment Date
22 May 2014
Procedural Posture
Application to Set Aside Certificate of Taxation / Judgment on Application
Outcome
application dismissed with costs
Legal Topics
['application to Set Aside Certificate of Taxation' 'federal Court Rules' 'taxation of Costs']
['practice and Procedure'] ['application to Set Aside Certificate of Taxation' 'federal Court Rules' 'taxation of Costs']

Case Brief

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Procedural Posture

Application to Set Aside Certificate of Taxation / Judgment on Application

Legal Issues

  1. 1 ['Whether certificate of taxation should be set aside under Federal Court Rules 2011 (Cth) r 39.05(a)' 'Whether the certificate was made in the absence of Mr Grimaldi' 'Whether there is sufficient merit to warrant setting aside the certificate']

Ratio Decidendi

The certificate of taxation was issued in the absence of Mr Grimaldi, activating the power under FCR 39.05(a), but as Mr Grimaldi did not demonstrate any substantial reason or evidence that setting aside the certificate would lead to a different result, the application must be dismissed.

Court Disposition

application dismissed with costs

Orders

  • ['The application be dismissed.' 'The appellant pay the costs of the first respondent.']