Glew v Shire of Greenough [No 2]
Case
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[2008] WASCA 75
•27 MARCH 2008
Details
AGLC
Case
Decision Date
Glew v Shire of Greenough [No 2] [2008] WASCA 75
[2008] WASCA 75
27 MARCH 2008
CaseChat Overview and Summary
Glew v Shire of Greenough [No 2] involved the applicants, Glew, appealing against the costs awarded to the respondent, Shire of Greenough, in a previous appeal. The applicants sought to review the certificate of taxation issued by the Registrar of the Supreme Court of Western Australia, which had taxed the costs of the appeal. The legal issues before the court were whether the applicants had grounds to object to the certificate of taxation and whether the Registrar had the jurisdiction to tax the bill of costs. The applicants argued that the Registrar did not have the jurisdiction to tax the bill of costs and raised various contentions to support this argument.
The court dismissed the application, finding that the applicants had not made any objections to the certificate of taxation under O 66 r 53 of the Supreme Court Rules. The court held that only items covered by objections carried in before the taxing officer could be considered under O 66 r 55 of the Rules. The court also found that the applicants' argument that the Registrar did not have jurisdiction to tax the bill of costs was without merit, as the Registrar's jurisdiction arose directly from the order of the Court of Appeal. The court further held that the applicants' contentions were misconceived and devoid of legal merit.
The court dismissed the application, finding no merit in the applicants' arguments and no error of principle on the part of the Registrar. The applicants' assertion that the Registrar did not have jurisdiction to tax the bill of costs was rejected, and the court found that the Registrar's jurisdiction arose directly from the order of the Court of Appeal. The applicants' contentions were also found to be misconceived and devoid of legal merit. The court held that the application to review the certificate of taxation was without merit and dismissed the application.
The court dismissed the application, finding that the applicants had not made any objections to the certificate of taxation under O 66 r 53 of the Supreme Court Rules. The court held that only items covered by objections carried in before the taxing officer could be considered under O 66 r 55 of the Rules. The court also found that the applicants' argument that the Registrar did not have jurisdiction to tax the bill of costs was without merit, as the Registrar's jurisdiction arose directly from the order of the Court of Appeal. The court further held that the applicants' contentions were misconceived and devoid of legal merit.
The court dismissed the application, finding no merit in the applicants' arguments and no error of principle on the part of the Registrar. The applicants' assertion that the Registrar did not have jurisdiction to tax the bill of costs was rejected, and the court found that the Registrar's jurisdiction arose directly from the order of the Court of Appeal. The applicants' contentions were also found to be misconceived and devoid of legal merit. The court held that the application to review the certificate of taxation was without merit and dismissed the application.
Details
Key Legal Topics
Areas of Law
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Civil Litigation & Procedure
Legal Concepts
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Costs
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Limitation Periods
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Jurisdiction
Actions
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Most Recent Citation
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Cases Cited
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Statutory Material Cited
1
Glew v Shire of Greenough
[2006] WASCA 260
Glew v Greenough
[2007] HCATrans 520
Christian & Donald
[2008] FamCAFC 44