SUPREME COURT OF QUEENSLAND
CITATION:
Wiltshire v Amos & Anor [2018] QSC 224
PARTIES:
CHRISTOPHER WILTSHIRE
(appellant/first respondent)
v
EDWARD AMOS(respondent/applicant)
And
EDWARD SKUSE
(not a party to the appeal/second respondent)FILE NO/S:
BS No 4199 of 2010
DIVISION:
Trial
PROCEEDING:
Application
ORIGINATING COURT:
District Court at Brisbane – [2010] QDC 138 (Samios DCJ)
DELIVERED ON:
4 October 2018
DELIVERED AT:
Brisbane
HEARING DATE:
14 June 2018
JUDGE:
Crow J
ORDER:
1. Application for review allowed to the extent of reducing the costs assessed at $132,463.80 by $9,600 to a sum of $122,863.80.
2. The appellant/first respondent is to email to associate.crowj@courts.qld.gov.au and to the respondent/applicant other written cost submissions within five days hereof.
3. The respondent/applicant is to email to associate.crowj@courts.qld.gov.au and to the appellant/first respondent written costs submissions within 10 days hereof.
4. The appellant/first respondent is to email to associate.crowj@courts.qld.gov.au and to the respondent/applicant any submission in reply on the issue of costs within 12 days hereof.
CATCHWORDS:
PROCEDURE – COSTS – TAXATION AND OTHER FORMS OF ASSESSMENT – PRINCIPLES OF TAXATION OF ASSESSMENT – GENERALLY – where the respondent to the subject appeal sued his barrister for negligence in the District Court – where the respondent was successful in the trial before the District Court – where the Court of Appeal overturned the decision of the District Court – where the Court of Appeal ordered that the respondent was to pay the applicant’s costs of the appeal – where the respondent applied for a review of the costs as assessed by the second respondent – where there are seven grounds of review – whether the costs were incorrectly assessed by the costs assessor
Barristers’ Conduct Rules 2011 (Qld) r 25, r 26, r 27, r 116
Legal Profession Act 2007 (Qld) s 308, s 309, s 310, s 311, s 316, s 319, s 326, s 341
Uniform Civil Procedure Rules 1999 (Qld) r 723, r 742, r 743J, r 743L,Chiropractic Board of Australia v Jamieson [2013] QSC 77, cited
ChongHerr Investments Ltd v Titan Sandstone Pty Ltd [2007] QCA 278, cited
Giannarelli v Wraith (1988) 165 CLR 543, cited
Hennessey Glass & Aluminium Pty Ltd v Watpac Australia Pty Ltd [2007] QDC 57, cited
Kroehn v Kroehn (1912) 15 CLR 137, cited
Medlicott v Emery (1933) 149 LT 303, cited
Pinehurst Nominees Pty Ltd v Coeur De Lion Investments Pty Ltd [2015] QSC 122, considered
Remely v Vandenberg [2009] QCA 17, cited
Stanley v Phillips (1966) 115 CLR 470, cited
Skalkos v T & S Recoveries Pty Ltd (2004) 65 NSWLR 151, cited
TNT Bulkships Ltd v Hopkins (1989) 65 NTR 1, cited
W & A Gilbey Ltd v Continental Liqueurs Pty Ltd [1964] NSWR 527, considered
Wiltshire v Amos [2010] QCA 294, relatedCOUNSEL:
K F Boulton for the appellant
F L Harrison QC with P G Jeffery for the respondent
SOLICITORS:
Keller Nall & Brown for the appellant
Sharma Lawyers for…
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- AGLC
- Wiltshire v Amos [2018] QSC 224
- Case
- [2018] QSC 224
- Decision Date
CaseChat Overview and Summary
The Court considered the principles applicable to the taxation of costs and held that a wide discretion must be left to the taxing officer, who must exercise it after careful consideration of the particular circumstances of each case. The Court held that the applicant carries the onus to satisfy the Court that the taxing officer is wrong. The Court found that the costs assessor had erred in allowing professional costs of $6,145 contrary to the respondent's preliminary objections. The Court also found that the costs assessor had failed to properly consider the matter and that the costs had not been correctly assessed. As a result, the Court allowed the application for review to the extent of reducing the costs assessed by $9,600 to a sum of $122,863.80. The Court ordered that the appellant/first respondent email written cost submissions within five days, and the respondent/applicant email written cost submissions within 10 days. The appellant/first respondent was also ordered to email any submissions in reply on the issue of costs within 12 days.
Orders
Orders of the court
1. Application for review allowed to the extent of reducing the costs assessed at $132,463.80 by $9,600 to a sum of $122,863.80.
2. The appellant/first respondent is to email to associate.crowj@courts.qld.gov.au and to the respondent/applicant other written cost submissions within five days hereof.
3. The respondent/applicant is to email to associate.crowj@courts.qld.gov.au and to the appellant/first respondent written costs submissions within 10 days hereof.
4. The appellant/first respondent is to email to associate.crowj@courts.qld.gov.au and to the respondent/applicant any submission in reply on the issue of costs within 12 days hereof.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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