Glew v Shire of Greenough [No 2]

Case

[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.
Details

Areas of Law

  • Civil Litigation & Procedure

Legal Concepts

  • Costs

  • Limitation Periods

  • Jurisdiction

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Cases Citing This Decision

12

La Mela v Fogliani [2022] WADC 12
Soia v Bennett [2014] WASCA 204
Cases Cited

6

Statutory Material Cited

1

Glew v Shire of Greenough [2006] WASCA 260
Glew v Greenough [2007] HCATrans 520
Christian & Donald [2008] FamCAFC 44