Mununggurr v Channel Seven Sydney Pty Ltd (No 2)

In Mununggurr v Channel Seven Sydney Pty Ltd (No 2), the applicants, Mununggurr and others, sought a review of the taxation of costs awarded in their favour after a settlement was reached. The proceeding involved complex and novel questions and necessitated instructions from numerous witnesses, including children, in remote locations. The dispute centred on the disallowance by the taxing officer of all fees incurred by a second solicitor who took statements and attended mediation on country. The applicants contended that the taxing officer had erred in principle by disallowing these costs.

The court had to determine whether the taxing officer was correct in disallowing the fees of the second solicitor. The applicants argued that the disallowance was inappropriate given the remote and complex nature of the proceeding, which required extensive work by the second solicitor. The respondents, Channel Seven Sydney Pty Ltd, maintained that the disallowance was consistent with the principles governing the taxation of costs.

The court found that the taxing officer had erred in principle by disallowing all fees of the second solicitor. The court held that the disallowance was inconsistent with the principles of fairness and the remote and complex nature of the proceeding. Consequently, the application for review of the certificate of taxation was allowed in part. The certificate of taxation was set aside, and a new certificate was issued in the amount of $272,077.50. Additionally, the respondents were ordered to pay the applicants' costs of the hearing.