Andrew Koh Nominees Pty Ltd & Anor v Receiver & Manager of the Balneum Joint Venture

(2007) 33 WAR 561; [2007] WASCA 152

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Costs
2. › Taxation of costs
3. › Standing to apply for taxation
4. › Person 'liable to pay' costs in a bill
5. › Whether joint venturers whose property applied by receiver to pay solicitors' bills are 'party charged'
6. › Legal Practice Act 2003 (WA), s 228(2)(a)(iii)
1. Equity
2. › Receivers and managers
3. › Court-appointed receiver and manager
4. › Status and relationship to property
5. › Receiver as officer of the court
6. › Payment of legal costs from joint venture property
1. Statutory Interpretation
2. › Remedial legislation
3. › Beneficial construction
4. › Legal Practice Act 2003 (WA), s 228(2)(a)

Quick Take

A person whose property may lawfully be applied in paying a legal practitioner's bill of costs is a 'party charged' entitled to seek taxation under s 228(2)(a)(iii) of the Legal Practice Act 2003 (WA), even where the person has no direct contractual relationship with the solicitor. This extends to joint venturers whose property is applied by a court-appointed receiver and manager to pay legal fees. The case is distinguishable from situations where a person merely contributes to a fund that is no longer their property.