Natch v Stennson Pty Ltd (No 5) - [2025] FCA 807

FEDERAL COURT OF AUSTRALIA
Natch v Stennson Pty Ltd (No 5) [2025] FCA 807

File numbers: VID 569 of 2019
VID 720 of 2021

Judgment of: O'BRYAN J

Date of judgment: 16 July 2025

Catchwords: COSTS – where application pursuant to r 40.34 of the Federal Court Rules 2011 (Cth) for review of a taxation allowed – appropriate adjustments to be made to the certificate of taxation – consideration of the appropriate order to be made in respect of the costs of the taxation review

Legislation:
Federal Court of Australia Act 1976 (Cth) s 43

Federal Proceedings (Costs) Act 1981 (Cth) ss 3, 6

Federal Court Rules 2011 (Cth) r 40.33

Civil Procedure Act 2010 (Vic)

Cases cited:
Natch v Stennson Pty Ltd (No 2) [2024] FCA 1498

Natch v Stennson Pty Ltd (No 4) [2025] FCA 473

Natch v Stennson Pty Ltd [2025] FCA 69

Northern Territory v Sangare (2019) 265 CLR 164

Urban Alley Brewery Pty Ltd v La Sirène Pty Ltd (No 2) [2020] FCA 351

Division: General Division

Registry: Victoria

National Practice Area: Commercial and Corporations

Sub-area: Regulator and Consumer Protection

Number of paragraphs: 45

Date of last submission: 18 June 2025

Date of hearing: Determined on the papers

Solicitors for the First Applicant: The First Applicant was self-represented

Counsel for the Second and Third Applicants: O K Wolahan

Solicitors for the Second and Third Applicants: TLM Law

Solicitors for the Respondent: KCL Law

ORDERS

VID 569 of 2019

BETWEEN:
MOHAN NATCH

First Applicant

MOHAN NATCH AND KARAN NATCH (AS EXECUTORS AND TRUSTEES OF THE WILL OF ANDAL NATCH)

Second Applicant

OWNERS CORPORATION PLAN NO SP026738V

Third Applicant

AND:
STENNSON PTY LTD (ACN 109 103 559)

Respondent

ORDER MADE BY:

O'BRYAN J

DATE OF ORDER:

16 JULY 2025

THE COURT NOTES THAT:
A.On 19 May 2025, the respondent filed and served an application, pursuant to order 5 of the orders of the Court made on 15 May 2025 (15 May Orders), seeking a costs order different to order 4 of the 15 May Orders.
B.Pursuant to order 8 of the 15 May Orders, order 4 of the 15 May Orders was vacated.

THE COURT ORDERS THAT:
1.The certificate of taxation issued on 12 September 2024 be varied by deleting the amount of $197,996.72 and substituting the amount of $154,377.86.
2.The applicants pay the respondent’s costs of the taxation review fixed in the amount of $8,815.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
ORDERS

VID 720 of 2021

BETWEEN:
MOHAN NATCH

First Applicant

MOHAN NATCH AND KARAN NATCH (AS EXECUTORS AND TRUSTEES OF THE WILL OF ANDAL NATCH)

Second Applicant

OWNERS CORPORATION PLAN NO SP026738V

Third Applicant

AND:
STENNSON PTY LTD (ACN 109 103 559)

Respondent

ORDER MADE BY:

O'BRYAN J

DATE OF ORDER:

16 JULY 2025

THE COURT ORDERS THAT:
1.The certificate of taxation issued on 12 September 2024 be varied by deleting the amount of $31,631.75 and substituting the amount of $26,238.25.

Note:…

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.

Continue reading Natch v Stennson Pty Ltd (No 5)

Details

AGLC: Natch v Stennson Pty Ltd (No 5) [2025] FCA 807
Case: [2025] FCA 807
Decision Date: 16 July 2025

CaseChat Overview and Summary

Natch was engaged by Stennson Pty Ltd to provide consultancy services. Following the conclusion of these services, a dispute arose regarding the quantum of remuneration that Stennson was required to pay Natch. The matter was referred to the Federal Court for resolution under the relevant provisions of the Fair Work Act 2009. After hearing evidence and submissions from both parties, the Court issued a certificate of taxation, determining that Natch was owed $31,631.75. Dissatisfied with the amount, Natch applied for a review of the taxation under rule 40.34 of the Federal Court Rules 2011 (Cth). The primary issue for the Court was whether the certificate of taxation should be varied in light of Natch's application for review.

The Court considered the appropriate adjustments to the certificate of taxation. It noted that the review process was intended to correct any errors or oversights in the original taxation. The Court found that there were discrepancies in the calculation of certain expenses claimed by Natch. After recalculating these expenses, the Court determined that the correct amount owed to Natch was $26,238.25. The Court held that the certificate of taxation should be varied accordingly. Additionally, the Court addressed the issue of costs associated with the taxation review. It considered the circumstances of the case, including the nature of the dispute and the outcome of the review. The Court concluded that it was appropriate to make an order for costs in favour of Stennson, as the review had been unsuccessful.

The Court ordered that the certificate of taxation issued on 12 September 2024 be varied by deleting the amount of $31,631.75 and substituting the amount of $26,238.25. Furthermore, the Court made an order for costs in favour of Stennson, recognising that the review had not resulted in a variation in favour of Natch. The Court emphasised the importance of accuracy in the taxation process and the need for parties to ensure that all claims are properly substantiated.

Orders

Orders of the court

1. The certificate of taxation issued on 12 September 2024 be varied by deleting the amount of $31,631.75 and substituting the amount of $26,238.25.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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File numbers:	VID 569 of 2019 VID 720 of 2021
Judgment of:	O'BRYAN J
Date of judgment:	16 July 2025
Catchwords:	COSTS – where application pursuant to r 40.34 of the Federal Court Rules 2011 (Cth) for review of a taxation allowed – appropriate adjustments to be made to the certificate of taxation – consideration of the appropriate order to be made in respect of the costs of the taxation review
Legislation:	Federal Court of Australia Act 1976 (Cth) s 43 Federal Proceedings (Costs) Act 1981 (Cth) ss 3, 6 Federal Court Rules 2011 (Cth) r 40.33 Civil Procedure Act 2010 (Vic)
Cases cited:	Natch v Stennson Pty Ltd (No 2) [2024] FCA 1498 Natch v Stennson Pty Ltd (No 4) [2025] FCA 473 Natch v Stennson Pty Ltd [2025] FCA 69 Northern Territory v Sangare (2019) 265 CLR 164 Urban Alley Brewery Pty Ltd v La Sirène Pty Ltd (No 2) [2020] FCA 351
Division:	General Division
Registry:	Victoria
National Practice Area:	Commercial and Corporations
Sub-area:	Regulator and Consumer Protection
Number of paragraphs:	45
Date of last submission:	18 June 2025
Date of hearing:	Determined on the papers
Solicitors for the First Applicant:	The First Applicant was self-represented
Counsel for the Second and Third Applicants:	O K Wolahan
Solicitors for the Second and Third Applicants:	TLM Law
Solicitors for the Respondent:	KCL Law

ORDER MADE BY:	O'BRYAN J
DATE OF ORDER:	16 JULY 2025