Shaw v Yarranova Pty Ltd & Anor

[2012] VSCA 189

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Taxation of costs
4. › Objection to costs orders
5. › Whether notices of objection complied with rules
6. › Whether common objections may be stated for multiple items
7. › Supreme Court (General Civil Procedure) Rules 2005 (Vic), r 63.56.1
1. Practice and Procedure
2. › Abuse of process
3. › Re-litigation of issues already determined
4. › Whether proposed objections to costs taxation constituted abuse of process
5. › Whether issues had been determined in prior proceedings or should have been raised earlier
1. Practice and Procedure
2. › Leave to appeal
3. › Whether decision attended by sufficient doubt to justify grant of leave
4. › Application out of time
1. Practice and Procedure
2. › Apprehended bias
3. › Whether reference to history of proceedings gave rise to reasonable apprehension of bias

Quick Take

A valid notice of objection under r 63.56.1 of the Supreme Court (General Civil Procedure) Rules 2005 (Vic) may arguably state common objections applicable to multiple items by specifying the item numbers and then setting out the common objections, without repeating the objection for each item individually. However, objections that seek to re-litigate issues already determined in prior proceedings or to raise issues that should have been raised earlier will constitute an abuse of process.