Filipowski v Bak; Filipowski v Lucky Hill Shipping Panama SA [2005] NSWLEC 494

Filipowski v Bak; Filipowski v Lucky Hill Shipping Panama SA [2005] NSWLEC 494

Because Criminal Procedure Act 1986 s 253 is the corresponding provision to repealed Land and Environment Court Act 1979 s 52, costs in these Class 5 proceedings, when not agreed, must be determined in accordance with the applicable rules. The applicable rules are Pt 16 of the Land and Environment Court Rules 1996, which make the Registrar or Assistant Registrar the taxing officers. Pt 52 and Pt 52A of the Supreme Court Rules 1970 are not incorporated into the Land and Environment Court Rules; they only provide standards with which the Registrar or Assistant Registrar is to act so far as applicable, and provisions allowing assessment by others would be inconsistent with Pt 16 r 2. The...

Jurisdiction
Australia
Judgment Date
10 August 2005
Procedural Posture
Costs in Class 5 Proceedings in the Land and Environment Court of New South Wales / Defendants' Notice of Motion Seeking Referral of Costs to the Registrar of the Court for Assessment After Costs Orders Made on 1 September 2004
Outcome
Costs awarded in favour of the prosecutor were ordered to be assessed by a Registrar of the Land and Environment Court; no order was made for the costs of the motion.
Legal Topics
['assessment of Party/party Costs' 'costs in Class 5 Proceedings' 'effect of Repeal of Land and Environment Court Act 1979 S 52' 'application of Criminal Procedure Act 1986 S 253' 'land and Environment Court Rules 1996 Pt 16' 'supreme Court Rules 1970 Pt 52 and Pt 52 A']
['costs' 'criminal Procedure' 'land and Environment Court Procedure'] ['assessment of Party/party Costs' 'costs in Class 5 Proceedings' 'effect of Repeal of Land and Environment Court Act 1979 S 52' 'application of Criminal Procedure Act 1986 S 253' 'land and Environment Court Rules 1996 Pt 16' 'supreme Court Rules 1970 Pt 52 and Pt 52 A']

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Procedural Posture

Costs in Class 5 Proceedings in the Land and Environment Court of New South Wales / Defendants' Notice of Motion Seeking Referral of Costs to the Registrar of the Court for Assessment After Costs Orders Made on 1 September 2004

Legal Issues

  1. 1 ['Whether costs in these Class 5 proceedings could be referred for assessment through the Supreme Court under the Legal Profession Act 1987.' 'Whether the reference in Legal Profession Act 1987 s 202(4) to Land and Environment Court Act 1979 s 52 is to be read as a reference to Criminal Procedure Act 1986 s 253 after repeal of s 52.' 'Which rules govern determination of costs under Criminal Procedure Act 1986 s 253(2)(b) when no agreement is reached.' 'Whether Pt 52 and Pt 52A of the Supreme Court Rules 1970 are incorporated into Pt 16 of the Land and Environment Court Rules 1996.']

Ratio Decidendi

Because Criminal Procedure Act 1986 s 253 is the corresponding provision to repealed Land and Environment Court Act 1979 s 52, costs in these Class 5 proceedings, when not agreed, must be determined in accordance with the applicable rules. The applicable rules are Pt 16 of the Land and Environment Court Rules 1996, which make the Registrar or Assistant Registrar the taxing officers. Pt 52 and Pt 52A of the Supreme Court Rules 1970 are not incorporated into the Land and Environment Court Rules; they only provide standards with which the Registrar or Assistant Registrar is to act so far as applicable, and provisions allowing assessment by others would be inconsistent with Pt 16 r 2. The...

Court Disposition

Costs awarded in favour of the prosecutor were ordered to be assessed by a Registrar of the Land and Environment Court; no order was made for the costs of the motion.

Orders

  • ['That costs awarded in favour of the prosecutor on 1 September 2004 in matter 50085 of 2002 be assessed by a Registrar of this Court.' 'That costs awarded in favour of the prosecutor on 1 September 2004 in matter 50086 of 2002 be assessed by a Registrar of this Court.' 'No order for the costs of this motion.']