ABBOTTS PTY LTD -v- GEL GROUP PTY LTD [2007] WADC 92
| DISTRICT COURT OF WESTERN AUSTRALIA | Citation No: | [2007] WADC 92 | |
| Case No: | CIV:2755/2003 | ||
| Coram: | DEPUTY REGISTRAR HARMAN | 5/06/07 | |
| PERTH | |||
| 11 | Judgment Part: | 1 of 1 | |
| Result: | Objections not sustained | ||
| PDF Version |
| Parties: | ABBOTTS PTY LTD GEL GROUP PTY LTD |
Catchwords: | Practice Western Australia Practice under the Rules of the Supreme Court of Western Australia Review of taxation Availability of jurisdiction to review quantum Scope of O 66 r 53(1) Test of recovery Under the usual order for costs Observations in relation to significance of Tenbohmer v Eden |
Legislation: | Nil |
Case References: | Coleman v McDougall; unreported; DCt of WA; No 3072 of 1994; 3 May 1995 Gallagher v CSR Limited & Ors; unreported; SCt of WA; Library No 940165; 31 March 1994 Grigoletto v Myer Properties WA Ltd; unreported; DCt of WA; Library No 3667; 31 March 1993 Roadwest Transport Equipment & Sales Pty Ltd v Cullerton [2001] WADC 240 Roblett v Pieroni [2005] WADC 215 Schmidt v Gilmour [1988] WAR 219 Smith v Buller (1875) Eq 473 Uta Pty Ltd v Albany Star Pty Ltd & Anor [2007] WADC 39 |
JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
- Plaintiff
AND
GEL GROUP PTY LTD
Defendant
Catchwords:
Practice - Western Australia - Practice under the Rules of the Supreme Court of Western Australia - Review of taxation - Availability of jurisdiction to review quantum - Scope of O 66 r 53(1) - Test of recovery - Under the usual order for costs - Observations in relation to significance of Tenbohmer v Eden
Legislation:
Nil
Result:
Objections not sustained
(Page 2)
Representation:
Counsel:
Plaintiff : NA
Defendant : NA
Solicitors:
Plaintiff : Stewart Forbes
Defendant : Mullins Handcock
Case(s) referred to in judgment(s):
Coleman v McDougall; unreported; DCt of WA; No 3072 of 1994; 3 May 1995
Gallagher v CSR Limited & Ors; unreported; SCt of WA; Library No 940165; 31 March 1994
Grigoletto v Myer Properties WA Ltd; unreported; DCt of WA; Library No 3667; 31 March 1993
Roadwest Transport Equipment & Sales Pty Ltd v Cullerton [2001] WADC 240
Roblett v Pieroni [2005] WADC 215
Schmidt v Gilmour [1988] WAR 219
Smith v Buller (1875) Eq 473
Tenbohmer v Eden (1992) 6 WAR 366
Uta Pty Ltd v Albany Star Pty Ltd & Anor [2007] WADC 39
(Page 3)
1 DEPUTY REGISTRAR HARMAN: The defendant succeeded in the action and has taxed its costs. The plaintiff has now filed a notice of objection to particular determinations made in the course of taxation. Before dealing with its objections I will make some observations in relation to the following passage which the plaintiff describes as a "general principle".
"It is a well established principle that…
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- Case
- [2007] WADC 92
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the court had the jurisdiction to review the quantum of a taxation decision and, if so, what the scope of that review was under the relevant rules. The court also needed to determine whether the applicant had satisfied the test for recovery of costs under the usual order for costs. This test required the court to consider whether the applicant had made a significant contribution to the respondent's costs and whether it was appropriate for the applicant to recover those costs.
In reaching its decision, the court examined the scope of its jurisdiction to review taxation decisions under Order 66 Rule 53(1) of the Rules of the Supreme Court of Western Australia. It noted that the review was limited to ensuring that the decision-maker had followed the correct legal process and that the decision was within the bounds of rationality. The court found that Abbotts had not demonstrated that the taxation officer had made an error of law or acted irrationally, and therefore the jurisdiction to review the quantum of the decision was not available. Additionally, the court held that Abbotts had not satisfied the test for recovery of costs under the usual order for costs. Consequently, the objections were not sustained, and no orders were made in favour of Abbotts.
Orders
Orders of the court
Objections not sustained
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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