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Malec v J.C. Hutton Pty Ltd

Malec v J.C. Hutton Pty Ltd

Case [1990] HCATrans 116

Costs

Appeal

Civil Procedure

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IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Brisbane No S2! of 1989
B e t w e e n -
JOZE MALEC

Applicant

and
J.C. HUTTON PTY LTD

Respondent

Judgment

MASON CJ
BRENNAN J
DAWSON J
TOOHEY J

McHUGH J

Malec

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON TUESDAY, 29 MAY 1990, AT 10. 19 AM

C2Tl/l/HS

29/5/90

(Reasons for judgment were delivered)

MR I. HARVEY:

Would Your Honour hear me on a short

submission on costs in respect to that matter?

BRENNAN J:

It may be necessary to constitute the Court in

a way that can deal with that application for costs.

MR HARVEY:

Yes, it may well be the case.

The short

submission that I would make is in respect of the
way in which the costs were dealt with in the court

below. At the trial His Honour Mr Justice Kelly
limited the costs awarded to the plaintiff to seven
days of a 10 day hearing. That was not disturbed
by the Full Court but, of course, that would follow
through in the Court's judgment now.

BRENNAN J:

Would it be a satisfactory solution if you were

to put your submission in writing and give copies
to the other side who could then respond?

HARVEY:

Yes.

Thank you, Your Honour.

BRENNAN J:

Do I take it, Mr Solomon, you are appearing for

the other party?

MR D. SOLOMON:

Yes, Your Honour, and I have no instructions

in relation to this.

BRENNAN J:

Well then I think it would be best if the application

for the order was put in writing identifying precisely
what the order is that is sought and notice of that
were given to the other side in writing and then the

other side could reply. The time, however, should
be limited; perhaps seven days for you to put in
your application and seven days for the other party
to reply.

MR HARVEY:

Yes, if the Court pleases.

AT 10.22 AM THE MATTER WAS ADJOURNED SINE DIE

C2T1/2/HS	2	29/5/90
Malec

Details

AGLC: Malec v J.C. Hutton Pty Ltd [1990] HCATrans 116
Case: [1990] HCATrans 116
Decision Date

CaseChat Overview and Summary

This matter concerned an application for costs before Brennan J of the High Court of Australia. The applicant, Mr. Harvey, sought to make submissions regarding the way costs were dealt with in the court below, where the trial judge, Mr. Justice Kelly, had limited the costs awarded to the plaintiff to seven days of a ten-day hearing, a decision that was not disturbed by the Full Court.

The primary legal issue before Brennan J was how to best address the application for costs, particularly given the limited instructions available to counsel for the respondent. Brennan J considered whether the application should be dealt with by way of written submissions rather than oral argument.

Brennan J determined that a satisfactory approach would be for the applicant to put his submissions in writing, identifying the precise order sought, and to provide copies to the other side, who would then have an opportunity to respond in writing. This procedure was adopted to ensure fairness and allow for a considered determination of the costs application.

Orders