Ryan v Registrar of the Supreme Court of the Australian Capital Territory and Buhagiar

Ryan appealed to the Supreme Court of the Australian Capital Territory against a decision of the Registrar of the Supreme Court. The dispute concerned an order for costs made by the Registrar following an aborted application for the taxation of a bill of costs.

The primary legal issues before the Court were whether the Registrar had the jurisdiction to make an order for costs in the circumstances, and whether the making of that costs order, and a subsequent costs order made by a Judge, constituted a denial of natural justice to the appellant. The Court also considered the nature of the Registrar's powers under the *Legal Practitioners Act 1970* (ACT).

The Court reasoned that the Registrar's power to make costs orders was limited and did not extend to making an order for costs *ex parte* in the absence of a party, particularly when that party had not been advised of the proceedings seeking the costs order. The withdrawal of the bill of costs to be taxed meant that the basis for the Registrar's jurisdiction to make a costs order had been removed. Consequently, the order made by the Registrar was quashed, and the subsequent order for costs made by Connolly J was vacated. The appeal was upheld, with no order as to costs.