Rankilor v Circuit Travel Pty Ltd

[2012] WASCA 155

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Taxation
4. › Review by judge
5. › Prerequisite of certificate of taxation (allocatur)
6. › Whether judge had jurisdiction to review taxation absent certificate
7. › Rules of the Supreme Court 1971 (WA), O 66 rr 53, 54, 55, 57
1. Practice and Procedure
2. › Costs
3. › Taxation
4. › Objections to taxation
5. › Review by taxing officer
6. › Procedural requirements before certificate issued
7. › Rules of the Supreme Court 1971 (WA), O 66 rr 53, 54
1. Practice and Procedure
2. › Costs
3. › Taxation
4. › Procedural fairness
5. › Whether taxing officer denied procedural fairness by ordering costs and set-off before objection process completed and certificate issued
1. Practice and Procedure
2. › Costs
3. › Taxation
4. › Certificate of taxation (allocatur)
5. › Effect of absence of certificate
6. › Taxing officer's power to reopen before certificate signed

Quick Take

A judge has no jurisdiction to review a taxation under O 66 r 55 of the Rules of the Supreme Court 1971 (WA) unless a certificate of taxation (allocatur) has been issued by the taxing officer. A taxing officer should not make final costs orders or set-off orders before the objection process is completed and a certificate is issued.