Pryles & Defteros (A Firm) v Green

(1999) 20 WAR 541; [1999] WASC 34

Supreme Court of Western Australia

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Solicitor and client costs
4. › Taxation of costs
5. › Basis of taxation
6. › Whether allowances may be made in absence of costs determination or written costs agreement
7. › Legal Practitioners Act (WA), ss 58W, 58ZB(1), 59, 65-72
1. Practice and Procedure
2. › Costs
3. › Solicitor and client costs
4. › Agreements as to costs
5. › Oral agreements
6. › Fiduciary obligations of solicitor
7. › Whether oral costs agreements enforceable
8. › Whether viewed with jealousy by courts
1. Practice and Procedure
2. › Costs
3. › Taxation
4. › Review of taxation
5. › Inherent jurisdiction of court to set aside Taxing Officer's certificate
6. › Whether statutory review procedure exclusive
7. › Whether certificate may be set aside where signed before objections lodged
8. › Legal Practitioners Act (WA), s 71
9. › Rules of the Supreme Court (WA), O 66 rr 53-56

Quick Take

In the absence of a costs determination or written costs agreement, a practitioner is entitled to proper remuneration for work done on taxation, measured by reasonable charges for work reasonably undertaken. The Taxing Officer cannot simply disallow all items. The court retains inherent jurisdiction to set aside a Taxing Officer's certificate where it is proper to do so, independently of the statutory review procedure under s 71 and O 66 rr 53-56.