Anglo-Italian Holdings Pty Ltd v Varallo

(2005) 12 VR 257; [2005] VSCA 257

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Taxation on party-party basis
4. › Photocopying charges
5. › Multiple copies made by solicitor
6. › Whether costs necessarily or properly incurred
7. › Whether scale rate must be applied to all copies
8. › County Court Rules, r 63A.29, Appendix A item 26(c)
1. Practice and Procedure
2. › Costs
3. › Taxation
4. › Review of taxing officer's discretion
5. › Whether registrar fettered discretion by formulaic application of scale rate
6. › Principles governing review of taxation of costs
1. Practice and Procedure
2. › Appeals
3. › Appeal against interlocutory orders
4. › Appeal on question of law under Accident Compensation Act 1985 s 52
5. › Whether leave required
6. › Accident Compensation Act 1985 (Vic), s 52(9)
7. › County Court Act 1958 (Vic), s 74(2D)

Quick Take

The County Court scale rate for photocopying is prima facie a proper amount but may be displaced by the circumstances of a particular case. For multiple copies of court books made at the same time, taxing officers should consider whether it was necessary or proper to have the copies made commercially rather than in-house at the scale rate. Leave to appeal is not required for appeals on questions of law under s 52 of the Accident Compensation Act 1985, notwithstanding that the orders appealed from are interlocutory.