Altorfer & Stow (A Firm) v Lindsay & Anor

[2005] WASCA 73

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Solicitors
3. › Authority to commence proceedings
4. › Whether solicitors commenced action without client authority
5. › Whether subsequent ratification by conduct
6. › Knowledge of material circumstances
7. › Ratification implied from inaction after notification
1. Practice and Procedure
2. › Costs
3. › Taxation of costs
4. › Review of taxation
5. › Error of principle by taxing officer
6. › Whether objection to whole bill may be raised after taxation but before certification
7. › Supreme Court Rules (WA), O 66 rr 53-55
1. Practice and Procedure
2. › Costs
3. › Indemnity principle
4. › Litigation funding arrangements
5. › Whether party liable for costs where third-party funder bears primary obligation
6. › Whether liability contingent on recovery satisfies indemnity principle
1. Practice and Procedure
2. › Appeals
3. › Leave to appeal
4. › Whether leave required under s 60(1)(e) of Supreme Court Act 1935 (WA)
5. › Order as to costs only which by law are left to discretion
6. › Whether review of taxation is order 'as to costs'

Quick Take

A party's liability for costs under a litigation funding arrangement where the client is liable to reimburse costs from recovered moneys satisfies the indemnity principle, even where a third-party funder bears the primary obligation to pay. An objection to a bill of costs under O 66 r 53 may raise issues not ventilated at the taxation hearing, as the taxing officer's error of principle is not limited to matters raised before the taxing officer. Ratification of proceedings commenced without authority may be implied from a party's inaction after receiving clear notification of the proceedings and an invitation to instruct otherwise.