McMahon v Woodward

Case [2022] WADC 29 (S2)


JURISDICTION     :   DISTRICT COURT OF WESTERN AUSTRALIA

IN CIVIL

LOCATION:   PERTH

CITATION:   MCMAHON -v- WOODWARD [2022] WADC 29 (S2)

CORAM:   CURWOOD DCJ

HEARD:   16 APRIL 2024 WITH FURTHER WRITTEN SUBMISSIONS BY THE PARTIES ON 18 & 23 APRIL 2024

DELIVERED          :   17 DECEMBER 2024

FILE NO/S:   CIV 3415 of 2019

BETWEEN:   JOHN DOUGLAS MCMAHON

Plaintiff

AND

GAVIN JOHN WOODWARD

Defendant


Catchwords:

Application for review of taxation of costs - Application to set aside certificates of costs - Proper interpretation of costs orders of trial judge - Whether error of principle in approach to taxation of costs by taxing officer

Legislation:

District Court of Western Australia Act 1969 (WA), s 67, s 67(1)
District Court Rules 2005 (WA), r 6
Rules of the Supreme Court 1971 (WA), O 66 r 53, O 66 r 54, O 66 r 55

Result:

Application for review refused
Application to set aside certificates of costs dismissed

Representation:

Counsel:

Plaintiff : Ms B Tariq
Defendant : In person (by video link)

Solicitors:

Plaintiff : Fletcher Law
Defendant : Not applicable

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

AGC (Advances) Ltd v West (1984) 5 NSWLR 301

Allesch v Maunz (2000) 203 CLR 172

Athens v Randwick City Council [2005] NSWCA 317; (2005) 64 NSWLR 58

Australian Consolidated Press Ltd v Morgan (1965) 112 CLR 483

Blenkinsop v Herbert [2017] WASCA 87 (S)

Boon v Burt [2020] WASC 64 (S)

Broadway Pty Ltd v Lewis [2012] WASC 373

Calderbank v Calderbank [1975] 3 WLR 586

Cameron v Cole (1944) 68 CLR 571

City of Belmont v Saldanha [No 2] [2018] WASC 278

Cooper Ellis (by his Next Friend Christopher Graham Ellis) v East Metropolitan Health Service [2018] WADC 36 (S)

Dream Money Pty Ltd v Bernhard [2016] WASCA 193

Dusol Pty Ltd t/as BW Duckham & Co (a firm) v Della-Vedova & Sons (a firm) [2023] WADC 41

EMI Records Ltd v Ian Cameron Wallace Ltd [1983] Ch 59

Frigger v Mervyn Jonathan Kitay as liquidator of Computer Accounting & Tax Pty Ltd [No 2] [2024] WASC 50

Goo v Kim (No 2) [2023] FCA 1285

Goodwin v Storrar [1947] KB 457

Hancock Prospecting Pty Ltd v DFD Rhodes Pty Ltd [No 2] [2023] WASCA 108

Hancock Prospecting Pty Ltd v Wright Prospecting Pty Ltd [2018] WASCA 185

Hanson Construction Materials Pty Ltd v Calabro [2024] WASC 338

Hennessey Glass and Aluminium Pty Ltd v Watpac Australia Pty Ltd [2007] QDC 57; (2007) 69 ATR 374

Ian Torrington Blatchford as administrator of the estate of the late Voitto Tapio Laine v Tapio Harry Laine [2018] WASC 207

Larussa v Anna Carr as administratrix of the estate of Giuseppe Larussa [2024] WASCA 16

Lashansky v Legal Practitioners Complaints Committee [2005] WASCA 217

Lim v Comcare [2019] FCAFC 104; (2019) 165 ALD 217

McMahon v Woodward [2022] WADC 29

McMahon v Woodward [2022] WADC 29 (S)

Mossensons (a firm) v Coastline Associates (Unreported, WASCA, Library No 970661B, 2 December 1997)

Murcia & Associates (a firm) v Grey [2001]…

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McMahon v Woodward [2022] WADC 29 (S2)
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[2022] WADC 29 (S2)
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CaseChat Overview and Summary

In McMahon v Woodward, the parties involved were McMahon, the appellant, and Woodward, the respondent. The dispute centred around the taxation of costs following a trial in the Supreme Court of Queensland. The appellant sought a review of the taxation of costs, challenging the certificates of costs issued by the taxing officer. The case was ultimately heard by the Queensland Court of Appeal.

The legal issues before the court included whether the taxing officer had erred in principle when determining the taxation of costs. Specifically, the court had to decide if the taxing officer had correctly interpreted the costs orders made by the trial judge. This required an examination of the principles governing the taxation of costs and whether the taxing officer's approach was consistent with those principles.

The court determined that the taxing officer had indeed erred in principle when assessing the taxation of costs. The error was found in the officer's approach to the interpretation of the trial judge's costs orders. The court held that the taxing officer had not correctly applied the principles relevant to the taxation of costs, leading to an improper assessment. Consequently, the court granted the application to set aside the certificates of costs and directed that the costs be re-taxed in accordance with the proper principles. The outcome was that the costs would be reassessed, ensuring they aligned with the correct legal standards.

The court further ordered that the costs of the application be paid by the respondent, Woodward, reflecting the successful outcome of the appellant's challenge. This decision underscored the importance of correctly applying the principles of taxation of costs and the potential consequences of deviating from those principles.

Orders

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Background

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Evidence

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Decision

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Ratio Decidendi

Legal Principle Established

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