Wentworth v Wentworth & Ors

(2001) 52 NSWLR 602; [2000] NSWCA 350

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Costs orders against non-parties
4. › Whether court has power to order costs against Taxing Officer who is not a party
5. › Whether court has power to order costs against the Crown as non-party
6. › Supreme Court Act 1970 (NSW), s 76
7. › Supreme Court Rules, Pt 52A r 4(2), (5)(e)
1. Practice and Procedure
2. › Judicial immunity
3. › Immunity of court officers from costs orders
4. › Whether Taxing Officer enjoys judicial immunity
5. › Whether immunity lost by conduct giving rise to apprehended bias
6. › Whether immunity lost by alleged bad faith or malice
1. Practice and Procedure
2. › Judicial immunity
3. › Scope of judicial immunity
4. › Whether exception for acts done without jurisdiction or in bad faith
5. › Whether [name withheld] v [name withheld] exception applies in Australia
6. › Relationship between judicial independence and immunity from suit
1. Practice and Procedure
2. › Costs
3. › Taxation of costs
4. › Nature of taxation function
5. › Whether taxation of costs is judicial or administrative function
6. › Whether Taxing Officer exercises judicial power

Quick Take

Taxing Officers of the Supreme Court of New South Wales enjoy judicial immunity from costs orders when performing their taxation function, and conduct giving rise to a reasonable apprehension of bias does not constitute action in excess of jurisdiction sufficient to defeat that immunity. The scope of the court's supervisory jurisdiction to make costs orders against its own officers under Part 52A rule 4(5)(e) remains uncertain but would not in any event override judicial immunity. The NSWCA has signalled that the tests for judicial immunity derived from [name withheld] v [name withheld] may be reconsidered on a future occasion.