Tey v Optima Financial Group Pty Ltd

[2012] WASCA 193

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Taxation of costs
4. › Review of taxation
5. › Error in principle
6. › Whether taxing officer made error in principle in allowing items
7. › Rules of the Supreme Court 1971 (WA), O 66 r 55
1. Practice and Procedure
2. › Costs
3. › Interlocutory applications
4. › Costs of interlocutory motion deemed part of costs of action
5. › Whether costs order on appeal included costs of strike out application
6. › Rules of the Supreme Court 1971 (WA), O 66 r 48
1. Practice and Procedure
2. › Costs
3. › Fixing of costs
4. › Discretion to fix costs
5. › Whether amount fixed was excessive
6. › Standard of appellate review
7. › [name withheld] v The King
1. Appeal
2. › Standard of appellate review
3. › Appeal from discretionary decision
4. › Whether error of the kind identified in [name withheld] v The King established

Quick Take

Where a costs order on an appeal is silent as to the costs of an interlocutory application (such as a strike out application), O 66 r 48(1) of the Rules of the Supreme Court 1971 (WA) operates so that the costs of the application are deemed part of the costs of the action of the successful party. The fixing of costs involves an exercise of discretion reviewable only for [name withheld] v The King error.