In Western Australia, an order for costs on an indemnity basis does not entitle the receiving party to recover more than the statutory scale allows where there is no written costs agreement — the scale sets the limit of the indemnity. Items such as postage, facsimiles, photocopying, courier fees and clerk's attendances are overheads already accounted for in the scale's professional charges and are not recoverable as disbursements. Where a professional is retained under a whole contract (such as a valuer engaged to provide a valuation and report), the liability to pay fees arises only upon completion, and the fees are 'incurred' at that point for the purposes of a costs order limited to a specific period.
The full text is available to signed-in members, including the 14 later cases that cite this judgment.
1 of the 14 citing cases carry a classified treatment. How each court treated it is available to signed-in members.