Roblett v Pieroni

Case [2005] WADC 215


ROBLETT -v- PIERONI [2005] WADC 215
Last Update:  05/07/2010
ROBLETT -v- PIERONI [2005] WADC 215
Jurisdiction: DISTRICT COURT OF WESTERN AUSTRALIA   Citation No: [2005] WADC 215
Case No: CIV:2011/2004   Heard: NOT APPLICABLE
Coram: DEPUTY REGISTRAR HARMAN   Delivered: 18/11/2005
Location: PERTH   Supplementary Decision:
No of Pages: 27   Judgment Part: 1 of 1
Result: Objection not within the scope of O 66 r 53(1)
[Click here for Judgment in Adobe Acrobat Format ]
Parties: MARIE JOANNE CHRISTELLE ROBLETT
JUSTIN ANTHONY PIERONI

Catchwords: Practice Practice under the Rules of the Supreme Court of Western Australia Order 66 r 42, O 53, O 54, O 55 Scope for review of taxation of quantum before a taxing officer
Legislation: Nil

Case References: Australian Coal and Shale Employees' Federation v Commonwealth (1953) 94 CLR 621
Bray v Ryan [1999] WADC 66
Carrazzo v Weyman [1944] VLR 207
Clark, Tait & Company & Anor v Federal Commissioner of Taxation (1931) 47 CLR 142
Dwyer and McCoughtry v Schrick [1947] VLR 342
Dwyer v The National Trustees Executors and Agency Co. of Australasia (No 3) [1940] VLR 366
Foreman v E & L Metcalfe Pty Ltd, unreported; DCt of WA; Library No 3935; 14 February 1994
Griffiths v Delron Cleaning Pty Ltd [2003] WADC 123
Grigoletto v Myer Properties WA Limited, unreported; DCt of WA; Library No 3667; 31 March 1993
House v The Life Insurance Company of Australia Ltd [1930] VLR 165
Jack v Huntingford [2004] WADC 172
Joyce v Hutchison (2000) 23 SR (WA) 248
McCahon v Eltin Limited, unreported; DCt of WA; Library No D 980275; 30 September 1998
Russo v Russo [1953] VLR 57
Schweppes' Ltd v Archer (1934) 34 SR (NSW) 178
Union Bank of Manchester Limited v Grundy [1924] 1KB 833
Western Australian Bank v The Royal Insurance Company [1908] 7 CLR 385
White v Altrincham Urban District Council [1936] 1 All ER 923

Nil

JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA

                  IN CHAMBERS
LOCATION : PERTH CITATION : ROBLETT -v- PIERONI [2005] WADC 215 CORAM : DEPUTY REGISTRAR HARMAN HEARD : NOT APPLICABLE DELIVERED : 18 NOVEMBER 2005 FILE NO/S : CIV 2011 of 2004 BETWEEN : MARIE JOANNE CHRISTELLE ROBLETT
                  Plaintiff

                  AND

                  JUSTIN ANTHONY PIERONI
                  Defendant

Catchwords:

Practice - Practice under the Rules of the Supreme Court of Western Australia - Order 66 r 42, O 53, O 54, O 55 - Scope for review of taxation of quantum before a taxing officer

Legislation:

Nil

Result:

Objection not within the scope of O 66 r 53(1)

(Page 2)


Representation:

Counsel:


    Plaintiff : Mr P Kakulas
    Defendant : Mr A Adam

Solicitors:

    Plaintiff : Kakulas & Kakulas
    Defendant : Dibbs Barker Gosling

Case(s) referred to in judgment(s):

Australian Coal and Shale Employees' Federation v Commonwealth (1953) 94 CLR 621
Bray v Ryan [1999] WADC 66
Carrazzo v Weyman [1944] VLR 207
Clark, Tait & Company & Anor v Federal Commissioner of Taxation (1931) 47 CLR 142
Dwyer and McCoughtry v Schrick [1947] VLR 342
Dwyer v The National Trustees Executors and…

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Roblett v Pieroni [2005] WADC 215
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[2005] WADC 215
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CaseChat Overview and Summary

The case of Roblett v Pieroni involved the plaintiffs, Roblett and another, and the defendant, Pieroni. The plaintiffs sought to challenge the amount of costs awarded against them, specifically the taxation of the quantum of the costs, under the Rules of the Supreme Court of Western Australia. The dispute centred on whether the objection raised by the plaintiffs was within the scope of the rules that allow for the review of the taxation of costs before a taxing officer. The matter was heard in the Supreme Court of Western Australia.

The primary legal issue before the court was whether the objection raised by the plaintiffs was permissible under Order 66 rule 53(1) of the Rules of the Supreme Court of Western Australia. The plaintiffs argued that the objection should have been allowed as it pertained to the quantum of the costs. The defendant, Pieroni, contended that the objection was not within the scope of the rules, as it did not challenge the taxing officer's decision but rather the merits of the costs awarded. The court had to determine the correct interpretation and application of the relevant rules and whether the objection was within the scope of review allowed under the Rules of the Supreme Court of Western Australia.

In its decision, the court found that the objection raised by the plaintiffs was not within the scope of Order 66 rule 53(1) of the Rules of the Supreme Court of Western Australia. The court held that the objection was not a challenge to the taxing officer's decision but rather an attack on the merits of the costs awarded. Consequently, the objection did not fall within the scope of the rules that allow for the review of the taxation of costs before a taxing officer. The court dismissed the objection and found that it was not permissible under the rules. The objection was not within the scope of Order 66 rule 53(1) of the Rules of the Supreme Court of Western Australia.

Orders

Orders of the court

Objection not within the scope of O 66 r 53(1)

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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