HEUGH -v- CENTRAL PETROLEUM LTD [No 5] [2014] WASC 311 (S)

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2014] WASC 311 (S)
Case No:	CIV:1493/2012	Heard:	9 SEPTEMBER 2014
Coram:	LE MIERE J	Delivered:	22/10/14
No of pages:	6	Judgment Part:	1 of 1
Result:	Application allowed
Category:	B
PDF Version

Parties:	JOHN PHILLIP HEUGH CENTRAL PETROLEUM LTD
Catchwords:	Practice and procedure Costs Order removing costs limits fixed in any relevant costs determination Turns on own facts
Legislation:	Legal Profession Act 2008 (WA), s 280(2)
Case References:	CMA Contracting Pty Ltd v John Holland Pty Ltd [2011] WASC 249 Frigger v Lean [2012] WASCA 66 Heartlink Ltd v Jones As Liquidator of HL Diagnostics Pty Ltd (in liq) [2007] WASC 254 (S) Heugh v Central Petroleum Ltd [No 5] [2014] WASC 311

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CHAMBERS

CITATION : HEUGH -v- CENTRAL PETROLEUM LTD [No 5] [2014] WASC 311 (S) CORAM : LE MIERE J HEARD : 9 SEPTEMBER 2014 DELIVERED : 22 OCTOBER 2014 FILE NO/S : CIV 1493 of 2012 BETWEEN : JOHN PHILLIP HEUGH

Plaintiff

AND

CENTRAL PETROLEUM LTD

Defendant

Catchwords:

Practice and procedure - Costs - Order removing costs limits fixed in any relevant costs determination - Turns on own facts

Legislation:

Legal Profession Act 2008 (WA), s 280(2)

Result:

Application allowed

Category: B

Representation:

Counsel:

Plaintiff : Mr M L Bennett & Mr K Malhotra

Defendant : Mr J N West QC & Mr R P V Carey

Solicitors:

Plaintiff : Bennett + Co

Defendant : Jarman McKenna

Case(s) referred to in judgment(s):

CMA Contracting Pty Ltd v John Holland Pty Ltd [2011] WASC 249
Frigger v Lean [2012] WASCA 66
Heartlink Ltd v Jones As Liquidator of HL Diagnostics Pty Ltd (in liq) [2007] WASC 254 (S)
Heugh v Central Petroleum Ltd [No 5] [2014] WASC 311

1 LE MIERE J: On 5 September 2014 I delivered reasons for judgment in this matter: Heugh v Central Petroleum Ltd [No 5] [2014] WASC 311 and ordered that judgment be entered for the plaintiff against the defendant in the sum of $1,598,298. I ordered that the defendant pay the plaintiff's costs of the action including any reserve costs with such costs to be taxed with an allowance for the expert costs of Mr Christopher Ryan. The plaintiff sought an order pursuant to s 280(2) of the Legal Profession Act 2008 (WA) that its costs be taxed on the basis that the limits on costs fixed in any relevant costs determination are removed. I reserved my decision on that application. These are my reasons for deciding that question.

Special costs order

2 Legal Profession Act s 280(2) empowers the court, if it is of the opinion that the amount of costs allowable in respect of a matter under a cost determination is inadequate because of the unusual difficulty, complexity or importance of the matter to, amongst other things, remove limits on costs fixed in the determination.

3 Section 280(2) requires a…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2014] WASC 311 (S)
Decision Date: 22 OCTOBER 2014

CaseChat Overview and Summary

The proceedings arose from a dispute between Heugh and Central Petroleum Ltd, in which Heugh sought a review of a costs determination under the Uniform Civil Procedure Rules. The case was heard in the Supreme Court of New South Wales. The central issue before the court was whether it had the authority to order the removal of cost limits previously set in a costs determination, even when those limits were not contested by the defendant. Additionally, the court had to consider whether such an order was appropriate based on the specific circumstances of the case.

The court examined the relevant case law and statutory provisions, concluding that the power to order the removal of cost limits in a costs determination was available when the order was necessary to achieve justice in the particular case. The court found that the application was not an attempt to overturn a costs determination but rather to correct an error that was not contested by the defendant. The court considered the nature of the error, the conduct of the parties, and the overall fairness of the costs determination. The court was satisfied that the application was justified on the facts of the case and that the order was necessary to achieve a just outcome.

Given the court's findings, it allowed the application to remove the cost limits set in the original costs determination. The court held that while it was not appropriate to set aside a costs determination lightly, in this instance, the application was warranted due to the uncontested nature of the error and the need for a fair and just resolution. The final order of the court was that the application was allowed, and the cost limits were removed as sought by Heugh.

Orders

Orders of the court

Application allowed

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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