Maggbury P/L v Hafele Australia P/L

Maggbury P/L brought an action against Hafele Australia P/L in the Supreme Court of Victoria. The dispute centred on whether the successful party could recover professional charges and outlays of solicitors outside Queensland. The court was required to determine whether the second defendant was entitled to recover the costs of its solicitors, Logie-Smith Lanyon, who were based in Queensland. The primary issue was the application of costs rules to the recovery of professional charges and outlays of solicitors outside the jurisdiction in which the proceedings were heard.

The court examined the relevant provisions of the Supreme Court Rules (Victoria) and found that the second defendant was entitled to recover the costs of its solicitors, Logie-Smith Lanyon, as they were properly incurred and necessary for the conduct of the proceedings. The court held that the second defendant could recover the fees of Logie-Smith Lanyon on a standard basis, as the costs were reasonable and necessary. The court also found that the fees should be assessed according to the relevant scale in the Supreme Court Rules (Victoria), as far as practicable.

The court set aside the directions of the Acting Deputy Registrar (Assessment) and ordered that the second defendant’s costs statements be assessed by the Registrar on a date to be fixed. The court further ordered that the plaintiff pay the second defendant’s costs of and incidental to the application, to be assessed on the standard basis and not to include the costs of the appearance on 12 September 2000.