Cristovao v Butcher Paull & Calder [No 3]

[2011] WASCA 10

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Taxation of costs
4. › Stay of taxation
5. › Whether stay should be granted pending resolution of other proceedings
6. › No connection between other proceedings and entitlement to costs
1. Practice and Procedure
2. › Abuse of process
3. › Re-agitation of matters already determined
4. › Applications seeking to relitigate issues disposed of in dismissed proceedings
1. Practice and Procedure
2. › Self-represented litigants
3. › Non-compliance with court rules
4. › Filing requirements
5. › Supreme Court (Court of Appeal) Rules 2005 (WA), r 20, r 21

Quick Take

The decision confirms that taxation of costs cannot be stayed merely because a party has other unrelated proceedings on foot, and that O 66 r 5 of the Rules of the Supreme Court 1971 (WA) applies only to solicitors acting for a party, not to parties who happen to be solicitors.