Stubberfield v BCC & Anor

[1996] QCA 184

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Taxation of costs
4. › Review of taxation
5. › Objections under O.91 r.117
6. › Whether party confined on review to objections formally made before taxing officer
7. › Whether failure to object to absence of vouching of counsel's fees precludes raising matter on review
8. › Supreme Court Rules O.91 rr.112, 117, 118, 119
1. Practice and Procedure
2. › Costs
3. › Taxation of costs
4. › Supplemental record
5. › Whether costs of supplemental record necessary or proper for attainment of justice
6. › Supreme Court Rules O.91 r.81
1. Practice and Procedure
2. › Judgments and orders
3. › Setting aside
4. › Application under O.45 r.1
5. › Whether rule permits setting aside final judgment on ground of errors in reasons
6. › Historical origin in audita querela
7. › Supreme Court Rules O.45 r.1
1. Practice and Procedure
2. › Costs
3. › Taxation of costs
4. › Vouching of counsel's fees
5. › Requirement for vouching by signature or proof by affidavit
6. › Supreme Court Rules O.91 r.112

Quick Take

On review of a taxation of costs under O.91 r.119, a party is strictly confined to the objections formally made and lodged with the taxing officer under O.91 r.117; the certificate of taxation is final and conclusive as to all matters not objected to in the prescribed manner. O.45 r.1 does not permit a party to set aside a final judgment of the Court of Appeal on the ground that the reasons for judgment contain errors of law or fact; the rule is confined to cases where facts arise or are discovered after judgment.