Verdell Pty Ltd v F & G Nominees Pty Ltd & Anor

[2002] WASC 58

Supreme Court of Western Australia

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Special costs orders
4. › Lifting upper limits of court scale
5. › Evidence required for application
6. › Role of trial judge versus taxing officer
7. › Whether detailed line-by-line schedules required
1. Practice and Procedure
2. › Costs
3. › Special costs orders
4. › Approach of judge on application
5. › Whether judge should examine schedules line by line
6. › Whether questions of duplication are for taxing officer
1. Practice and Procedure
2. › Costs
3. › Special costs orders
4. › Notices to produce solicitors' files
5. › Whether production necessary for disposing fairly of costs application
1. Practice and Procedure
2. › Costs
3. › Special costs orders
4. › Extension of time for application
5. › Whether motion or chamber summons required

Quick Take

On a special costs application, the judge's task is to form a preliminary and provisional judgment about whether the amount of work appears to have been reasonably done, drawing on the judge's own experience and knowledge of the case. Detailed line-by-line schedules of solicitor activities are not required and are unhelpful unless they explain why the work was done. Where work was done of which the judge is not aware, affidavit material must explain in general terms what was done, why it was done, and the time occupied. Questions of duplication or whether particular items are properly claimable are for the taxing officer.