Frigger v Lean

[2012] WASCA 66

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Appeal against costs orders
4. › Discretionary nature of costs orders
5. › Appellate review of discretionary costs decisions
6. › Whether primary judge erred in ordering appellants to pay court-appointed receiver's costs
7. › House v The King principles
8. › Supreme Court Act 1935 (WA), s 37(1)
1. Practice and Procedure
2. › Costs
3. › Costs above scale
4. › Power to order costs outside costs determination
5. › Whether court limited to s 280(2) Legal Profession Act 2008 (WA)
6. › Residual power under s 280(3)
7. › Court-appointed receiver's costs
8. › Legal Profession Act 2008 (WA), s 280

Quick Take

A court ordering costs in favour of a court-appointed receiver who has been joined as a party to litigation is not limited by s 280 of the Legal Profession Act 2008 (WA), as the residual power under s 280(3) permits the court to determine costs outside the costs determination in a particular case. The court may form the necessary opinion from its own knowledge of the matter without requiring specific evidence such as a draft bill of costs.