Frigger v Professional Services of Australia Pty Ltd [No 2]

[2011] WASCA 103

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Fixing of costs
4. › Exercise of discretion to fix costs rather than order taxation
5. › Inadequacy of reasons for fixing costs at amount claimed
6. › Whether miscarriage of justice
7. › Supreme Court Act 1935 (WA), s 37(1), s 60(1)(e)
1. Practice and Procedure
2. › Costs
3. › Costs against non-parties or persons granted leave to appear
4. › Directors participating in winding up proceedings with leave under r 2.13
5. › Whether directors were 'parties'
6. › Supreme Court (Corporations) (WA) Rules 2004, r 2.13
7. › Corporations Act 2001 (Cth), s 471A(2), s 471A(2A)
1. Practice and Procedure
2. › Costs
3. › Costs of appeal
4. › Determination of successful party
5. › Where appellant failed on primary objective but succeeded on alternative ground
6. › Whether nominal or pyrrhic victory
1. Practice and Procedure
2. › Reasons for decision
3. › Duty to give reasons
4. › Adequacy of reasons for costs orders
5. › Whether inadequacy gave rise to miscarriage of justice

Quick Take

Where a court fixes costs rather than ordering taxation, it must give adequate reasons explaining why fixing is appropriate and why the quantum is justified; failure to do so constitutes a miscarriage of justice warranting appellate intervention. An appellant who fails on their primary objective but succeeds on an alternative ground may be treated as the unsuccessful party for costs purposes, with the reality of the circumstances determining success rather than the formal orders made.