Tey v Optima Financial Group Pty Ltd [No 2]

[2012] WASCA 68

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Taxation of costs
4. › Application to set aside certificate of taxation
5. › Whether application already determined by registrar
6. › Whether power to set aside rests with taxing officer or judge
7. › Rules of the Supreme Court (WA), O 66 r 54
1. Practice and Procedure
2. › Adjournment
3. › Application to adjourn hearing
4. › Absence of counsel of choice
5. › Whether ample notice given
6. › Whether application has merit or prospects of success

Quick Take

The power to set aside a taxation certificate under O 66 r 54 of the Rules of the Supreme Court (WA) rests with the taxing officer, not a judge. An informal written request to set aside a taxation, once considered and refused by the registrar, exhausts the remedy under that rule.