RAJSKI v WOOD AND ORS [No 2] [1992] NSWCA 198

RAJSKI v WOOD AND ORS [No 2] [1992] NSWCA 198

The certificate of costs was set aside because the claimant did not receive the bill of costs or notice of taxation, and a stay of taxation was granted to prevent distraction from the claimant's preparation for pending substantive proceedings. The application for an indemnity certificate under the Suitors' Fund Act 1951 was refused as the proceedings were not an appeal, and the claimant wholly failed.

Parties
Claimant: URJ Rajski; Respondent: Wood and Ors
Jurisdiction
Australia
Judgment Date
03 February 1992
Procedural Posture
Motion / Post Judgment (application to Set Aside Certificate of Taxation and for Stay)
Outcome
Certificate of costs set aside, new taxation ordered, taxation stayed until further order, proceedings to be mentioned, indemnity certificate refused, other parts of the motion dismissed, costs of the motion reserved.
Legal Topics
Taxation of Costs, Stay of Proceedings, Indemnity Certificate Under Suitors' Fund Act
Costs Practice and Procedure Taxation of Costs Stay of Proceedings Indemnity Certificate Under Suitors' Fund Act

Case Brief

Summary, issues, holding and outcome

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Parties

URJ Rajski

Claimant

Wood and Ors

Respondent

Procedural Posture

Motion / Post Judgment (application to Set Aside Certificate of Taxation and for Stay)

Legal Issues

  1. 1 Whether the certificate of taxation should be set aside where the bill of costs was not served on the party prior to taxation
  2. 2 Whether the taxation of costs should be stayed to allow the litigant to prepare for substantive proceedings
  3. 3 Whether the claimant is entitled to an indemnity certificate under the Suitors' Fund Act 1951

Ratio Decidendi

The certificate of costs was set aside because the claimant did not receive the bill of costs or notice of taxation, and a stay of taxation was granted to prevent distraction from the claimant's preparation for pending substantive proceedings. The application for an indemnity certificate under the Suitors' Fund Act 1951 was refused as the proceedings were not an appeal, and the claimant wholly failed.

Court Disposition

Certificate of costs set aside, new taxation ordered, taxation stayed until further order, proceedings to be mentioned, indemnity certificate refused, other parts of the motion dismissed, costs of the motion reserved.

Orders

  • Set aside the certificate of costs of the taxation officer of the Supreme Court dated 19 June 1991 and order that, subject to (2), the bill of costs which has now been served upon the claimant be taxed by an officer appointed for the purpose of taxing bills of costs in due course.
  • Stay the taxation of the costs as aforesaid until further order of this Court or of a Judge of Appeal.