RAJSKI v YELDHAM [1992] NSWCA 199

RAJSKI v YELDHAM [1992] NSWCA 199

Since there is a factual dispute regarding service of the bill of costs and notice of taxation, the matter should be remitted to a single judge of the Common Law Division to determine the facts; only upon resolution of those facts can the validity of the certificate of taxation be decided.

Parties
Claimant: Dr Rajski; Opponent: Yeldham
Jurisdiction
Australia
Judgment Date
22 June 1992
Procedural Posture
Motion / Referral for Factual Determination
Outcome
Matter remitted to a single judge of the Common Law Division for factual determination; costs reserved.
Legal Topics
Taxation of Costs, Service of Documents, Remittal to Single Judge
Civil Procedure Taxation of Costs Service of Documents Remittal to Single Judge

Case Brief

Summary, issues, holding and outcome

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Parties

Dr Rajski

Claimant

Yeldham

Opponent

Procedural Posture

Motion / Referral for Factual Determination

Legal Issues

  1. 1 Whether the bill of costs and notice of taxation were properly served upon Dr Rajski
  2. 2 Whether the certificate of taxation should be set aside due to improper service

Ratio Decidendi

Since there is a factual dispute regarding service of the bill of costs and notice of taxation, the matter should be remitted to a single judge of the Common Law Division to determine the facts; only upon resolution of those facts can the validity of the certificate of taxation be decided.

Court Disposition

Matter remitted to a single judge of the Common Law Division for factual determination; costs reserved.

Orders

  • The matter should be returned to a judge of the Common Law Division to determine the issues of fact, if necessary.
  • Costs of the proceedings today reserved to the judge dealing with the matter.