Re Devy, Andrew Laurence Ex Parte BBC Hardware Ltd [1997] FCA 587

Re Devy, Andrew Laurence Ex Parte BBC Hardware Ltd [1997] FCA 587

Baker Johnson's equitable rights in the costs order arose when Hill J made the order in favour of Mr Devy and before the commencement of the relation-back period. Those rights, analogous to a present equitable assignment of the benefit of the costs order, gave Baker Johnson sufficient standing to appear on the taxation and maintain the correctness of items in the bill of costs. The Taxing Officer's decision was therefore correct and the motion for review was dismissed.

Jurisdiction
Australia
Judgment Date
24 June 1997
Procedural Posture
Bankruptcy Proceeding Concerning Taxation of Costs / Notice of Motion Seeking Review of Taxing Officer's Decision Under Federal Court Rules O 62, R. 11
Outcome
Notice of motion dismissed with costs to the respondent to the motion.
Legal Topics
["review of Taxing Officer's Decision" 'taxation of Costs' "solicitor's Lien Over Costs Order" 'standing to Appear on Taxation' 'effect of Bankruptcy on Costs Order']
['bankruptcy' 'civil Procedure' 'costs'] ["review of Taxing Officer's Decision" 'taxation of Costs' "solicitor's Lien Over Costs Order" 'standing to Appear on Taxation' 'effect of Bankruptcy on Costs Order']

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Procedural Posture

Bankruptcy Proceeding Concerning Taxation of Costs / Notice of Motion Seeking Review of Taxing Officer's Decision Under Federal Court Rules O 62, R. 11

Legal Issues

  1. 1 ['Whether Baker Johnson had standing to appear on the taxation of a bill of costs after Mr Devy had been declared bankrupt.' 'Whether rights in respect of the costs order had vested solely in the trustee in bankruptcy so as to preclude Baker Johnson from appearing.' "Whether Baker Johnson's solicitor's lien or analogous equitable right over the costs order was sufficient to support standing on the taxation."]

Ratio Decidendi

Baker Johnson's equitable rights in the costs order arose when Hill J made the order in favour of Mr Devy and before the commencement of the relation-back period. Those rights, analogous to a present equitable assignment of the benefit of the costs order, gave Baker Johnson sufficient standing to appear on the taxation and maintain the correctness of items in the bill of costs. The Taxing Officer's decision was therefore correct and the motion for review was dismissed.

Court Disposition

Notice of motion dismissed with costs to the respondent to the motion.

Orders

  • ['The notice of motion filed 13 May 1997 be dismissed.' 'The applicant on the motion pay the costs of the respondent to the motion, to be taxed if not agreed.']