Anthony v Maxam Australia Pty Ltd

[2012] TASFC 5

Tasmania Full Court

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Jurisdiction to order costs after discontinuance
4. › Whether court retains power to determine basis or scale of costs after notice of discontinuance filed
5. › Magistrates Court (Civil Division) Act 1992 (Tas), s 33
6. › Magistrates Court (Civil Division) Rules 1998 (Tas), rr 32, 138, 139
1. Practice and Procedure
2. › Prerogative relief
3. › Certiorari
4. › Discretion to refuse relief
5. › Whether exhaustion of alternative remedies required where excess of power is patent
6. › Whether court should refuse certiorari where impugned order clearly beyond power and no disputed facts

Quick Take

Following a notice of discontinuance under r32 of the Magistrates Court (Civil Division) Rules 1998 (Tas), the Magistrates Court retains jurisdiction under s33(1) of the Magistrates Court (Civil Division) Act 1992 to make orders as to the basis or scale on which costs are to be assessed. Where an order entered by a registrar is patently beyond power and there are no disputed facts, a court exercising supervisory jurisdiction should grant certiorari rather than requiring the applicant to exhaust alternative remedies in the lower court.