Re Freehill Hollingdale & Page's Bill of Costs

The applicant, Sam Coco Pty Ltd, sought to challenge the decision of the Taxing Officer that it could not obtain a taxation of a bill of costs as of right, without an order of the Court. The applicant sought an order directing the Taxing Officer to tax the bill of the respondent's solicitors, Freehill Hollingdale & Page, or in the alternative, that the Court refer the Bill of Costs for taxation. The application was brought pursuant to the inherent power of the Court to supervise its officers. The applicant, being the lessee of premises, was obliged to pay the lessor's legal costs associated with the preparation of the lease and certain other costs which had been incurred by the respondent on behalf of the lessor. The applicant contended that it had the same rights in every respect of taxation as those of a solicitor's own client, and that it was entitled to seek an appointment for taxation without an order of a Judge where the appointment was sought within one month of delivery of the relevant bill.

The court examined the relevant sections of the Legal Practitioners Act 1995 and found that the applicant, being a third party not chargeable with the bill but liable to pay, was not entitled to obtain a taxation by mere appointment without an order of the Court. The Court concluded that the Taxing Officer was correct in his decision, and the application to set aside the Taxing Officer's decision was dismissed. However, the alternative orders sought in para.(2) of the summons should be granted. There should be an order referring the Bill of Costs to taxation, and the court will hear submissions on the form of the order.

In conclusion, the court found that the applicant, as a third party not chargeable with the bill but liable to pay, was not entitled to obtain a taxation by mere appointment without an order of the Court. The Taxing Officer's decision was upheld, and the court ordered that the Bill of Costs of Freehill Hollingdale & Page be referred to taxation. Further submissions on the form of the order and costs will be heard.