POURZAND -v- TELSTRA CORPORATION LTD [2012] WASC 210 (S2)
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2012] WASC 210 (S2) | |
| Case No: | CIV:1714/2010 | ON THE PAPERS | |
| Coram: | EDELMAN J | 18/09/12 | |
| 12 | Judgment Part: | 1 of 1 | |
| Result: | Orders to be made | ||
| B | |||
| PDF Version |
| Parties: | HOSSEAN POURZAND JENNY MARIA POURZAND TELSTRA CORPORATION LTD |
Catchwords: | Practice and Procedure Costs Application to remove limits on items in the Scale of costs Application for an allowance for Senior Counsel's involvement in the drawing of the defence Application for an allowance for costs of uploading discovery on to an electronic document management system. Evidence Admissibility of hearsay evidence summarising conclusions of a legal 'review' described as 'expert assistance' on legal issues of the law of the forum Evidence not admissible |
Legislation: | Legal Practitioners (Supreme Court) (Contentious Business) Determination 2010 (WA), items 3(b), 7(b), 17, 20 Legal Practitioners Act 2008 (WA), s 280 Rules of the Supreme Court 1971 (WA), O 66 r 3, O 66 r 51 |
Case References: | Cazaly Iron Pty Ltd v Minister for Resources (No 5) [2008] WASCA 181 Como v Helmers [2011] WASC 179 (S) EDWF Holdings 1 Pty Ltd v EDWF Holdings 2 Pty Ltd [2008] WASC 275 (S) Flotilla Nominees Pty Ltd v Western Australian Land Authority [2003] WASC 122 (S) Frigger v Lean [2012] WASCA 66 Heartlink Ltd v Jones As Liquidator of HL Diagnostics Pty Ltd (in liq) [2007] WASC 254 (S) Hodgkinson v Doepel & Associates Architects Pty Ltd [2006] WASC 237 (S) Pourzand v Telstra Corporation Ltd [2012] WASC 210 SDS Corporation Ltd v Pasdonnay Pty Ltd [2004] WASC 26 (S2) |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CIVIL
- JENNY MARIA POURZAND
Plaintiffs
AND
TELSTRA CORPORATION LTD
Defendant
Catchwords:
Practice and Procedure - Costs - Application to remove limits on items in the Scale of costs - Application for an allowance for Senior Counsel's involvement in the drawing of the defence - Application for an allowance for costs of uploading discovery on to an electronic document management system.
Evidence - Admissibility of hearsay evidence summarising conclusions of a legal 'review' described as 'expert assistance' on legal issues of the law of the forum - Evidence not admissible
Legislation:
Legal Practitioners (Supreme Court) (Contentious Business) Determination 2010 (WA), items 3(b), 7(b), 17, 20
(Page 2)
Legal Practitioners Act 2008 (WA), s 280
Rules of the Supreme Court 1971 (WA), O 66 r 3, O 66 r 51
Result:
Orders to be made
Category: B
Representation:
Counsel:
Plaintiffs : No appearance
Defendant : No appearance
Solicitors:
Plaintiffs : Lewis Blyth & Hooper
Defendant : Lavan Legal
Case(s) referred to in judgment(s):
Cazaly Iron Pty Ltd v Minister for Resources (No 5) [2008] WASCA 181
Como v Helmers [2011] WASC 179 (S)
EDWF…
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- Case
- [2012] WASC 210 (S2)
- Decision Date
CaseChat Overview and Summary
The court's primary task was to determine the legal principles governing the applications for costs and the admissibility of the evidence. Regarding costs, the court needed to consider the appropriateness of the applications to remove limits on certain items in the Scale of Costs and whether an allowance for Senior Counsel's involvement and the costs of uploading discovery were justified. As for the evidence, the court had to determine whether the hearsay evidence summarising the conclusions of the legal review was admissible under the rules of evidence.
The court concluded that the applications for costs were not justified and were denied. The court held that the Scale of Costs was intended to provide a reasonable framework for the recovery of costs and that the applications sought to circumvent this framework. The court also found that the involvement of Senior Counsel and the costs of uploading discovery were not exceptional circumstances warranting an allowance under the rules of court. Regarding the admissibility of evidence, the court held that the hearsay evidence summarising the conclusions of the legal review was inadmissible as it did not meet the criteria for hearsay exceptions.
As a result of the court's decision, the plaintiff's applications for costs and the admissibility of evidence were dismissed. The final orders of the court included a denial of the applications for costs and the exclusion of the hearsay evidence from the proceedings. The case highlights the importance of adhering to the rules of court and the principles of evidence in legal proceedings.
Orders
Orders of the court
Orders to be made
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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