Ralkon Agricultural Co. Pty Ltd v Aboriginal Development Commission

Case [1986] FCA 320


CATCHWORDS

Review of

taxation of costs - applLcant

for

review

was

unsuccessful applicant in main action and ordered to pay costs

-

i'

0.62 r.44 Federal Court Rules

- power of court to review

- nature

~

1

I

of review

- discretion

of taxing officer

- what costs can be

I

properly

allowed

- perusing

or

scanning

- necessity

and

I

justification of allowed costs

- partylparty costs

- counsel fees

l

senior and lunior.

1 Administrative Decisions (Judicial Review) Act

l

:

Fecleral

Court Rules, 063. r.44

I

I

Australian

Coal

and

Shale

Zmplovees' Federation v.

Commonwealth (1553) 94 C.L.R.

621 at P.628

i

Fat-Se1 Pty Ltd

v. Brambles Holdinos Ltd

(1985) 61 A.L.R.

536

Commissioner of

Taxation v.

Gulland Watson, Lepal Reporter

15

April 1996

M&na

Allovs & Research Ptv Ltd

v. Coffee (No. 2 ) (1982) V.R.

97

at p.109

PORSTER, J.

I

-ADELAIDE

I

-

11 JULY 1986

I

I

1

.

IN THE FEDEFAL COURT OF AUSTRALIA

1

1

SOUTH AUSTPALIA DISTP.ICT REGISTRY

1

No. G50 of 1981

)

GENEWL DIVISION

1

B E T W E F N :

PALKON AGRICULTUPIIL COMPANY

PTY LIMITED

Applicant

- and -

ABORIGINPJ; DEVELOPMENT CONYISSION and 3 J I O W .

Respondent

MINUTE OF ORDEP.

JUDGE MAKING ORDER

FORSTEE J.

WHERE MADE

PDELAIDE

DATE OF ORDEF.

11 JULY 1986

THE COURT 0RDEF.S THAT:

l

. a

1.

This matter be

remitted to

taxing

he

officer

to

I .

~

make the necessary alterations

to his certificate to comply

..

with the court's findings.

I .

i

2.

Further

submissions

be

h ard

as to the appropriate

/ '

!

c

order for costs.

L .

.

! '

t .

,.

. ,

-

Note: Settlement and entry

of

orders is dealt with in

1.

.

Order 36 of the Federal Court Rules.

1

I I

c,<

I

L ~.

' ,

I N THE FEDERPJ. COmT OF AUSTRALIA )

1

SOUTH AUSTPALIA DISTRICT REGISTRY )

No. G50 of 1 9 8 1

GENE-&

D I V I S I O N

1

B E T W E E N :

PJLLKON AGRICULTUFUL COMPANY

PTY

L I M I T E D

Applicant

- and -

ABORIGINAL DEVELOPMENT COMMISSION and ANOTHEX

Respondent

REASONS FOR JUDGMENT

CORPA: Forster, J.

This is a review of

a taxation of costs carried out by

the District lieglscrar

OF this Court.

The review is pursuant to

Order 62 Rule 44 of the Federal Court

Rules. The applicant for

review was the unsuccessful applicant in the main action ordered

to pay the costs

of the

respondent.

The applicant objects

before me and objected befcre the taxing officer to the amount

allowed in the taxation with respect to fourteen separate items

I .

or groups of items. Upon reconsideration pursuant to

0 .62

R.43

I ,

the taxing officer taxed off entirely the amount

he had allocated

on taxation with respect to one item and reduced another item

by

$100.

The respondent, by…

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AGLC
Ralkon Agricultural Co. Pty Ltd v Aboriginal Development Commission [1986] FCA 320
Case
[1986] FCA 320
Decision Date

CaseChat Overview and Summary

The Federal Court of Australia reviewed a taxation of costs carried out by the District Registrar of the Court. The applicant, Ralkon Agricultural Co. Pty Ltd, was the unsuccessful party in the main action and was ordered to pay the costs of the respondent, Aboriginal Development Commission. The applicant objected to the amount allowed in the taxation with respect to fourteen separate items or groups of items. The first legal issue was the nature of the review and the powers of the court when conducting it. The court held that the review was not a hearing de novo but an appeal stricto sensu, where the court would only intervene if the taxing officer had made a mistake or proceeded on a wrong principle. The second issue was the propriety of the costs claimed by the respondent. The court found that the taxing officer had erred in allowing certain costs, such as the fees for perusals of documents and counsel fees. The court reduced the fees for perusals of documents and remodelled the counsel fees to include a fee on brief and refreshers. The court also disallowed certain costs, such as the fees for copying discovered documents and the fees for preparing and supplying reasons for decision. The final issue was the appropriate order for costs. The court remitted the matter to the taxing officer to make the necessary alterations to his certificate to comply with the court's findings and heard further submissions as to the appropriate order for costs. The court ordered that the matter be remitted to the taxing officer to make the necessary alterations to his certificate to comply with the court's findings and that further submissions be heard as to the appropriate order for costs.

Orders

Orders of the court

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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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