Federal Court of Australia
CATCHWORDS
Costs - Commonwealth employees being sued personally represented by Commonweaith Crown Solicitor - Whether costs recoverable against unsuccessful plaintiff.
Constitutional law - Commonwealth powers ~- Validity of provision vesting discretion in Crown Solicitor to act as a solicitor - Limits of discretion - Extent of appropriate Commonwealth interests.
The Constitution; Judiciary Act 1903 ss.55E, 78B.
Kathleen Isobel Inglis v. Andrew Leslie Moore Michael Rayner Thwaites
Maurice Bray Betty O'Brien
Sylvia Rowlands
No. G47 of 1977.
Coram : St.John, Brennan & Davies JJ.
Date . 29 June 1979
Sydney,
IN THE FEDERAL COURT OF AUSTRALIA
PRINCIPAL REGISTRY App. No. G47 of 1977
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GENERAL DIVISION
ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN KATHLEEN ISOBEL INGLIS
Appellant (Plaintiff)
AND
ANDREW LESLIE MOORE MICHAEL RAYNER THWAITES MAURICE BRAY
BETTY O'BRIEN
SYLVIA ROWLANDS
Respondents (Defendants)
ORDER
JUDGES MAKING ORDER St.John, Brennan & Davies JJ.
DATE OF ORDER 29 June 1979
WHERE MADE : Sydney. THE COURT ORDERS THAT : 1. The appeal be dismissed.
2. The appellant pay to the respondents their costs of
the appeal to be taxed,
IN THE FEDERAL COURT OF AUSTRALIA) )
PRINCIPAL REGISTRY App. No. G47 of 1977 )
GENERAL DIVISION
ON_APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN : KATHLEEN ISOBEL INGLIS Appellant (Plaintiff)
ANDREW LESLIE MOORE MICHAEL RAYNER THWALTES MAURICE BRAY BETTY O'BRIEN
SYLVIA ROWLANDS
Respondents (Defendants)
AND
CORAM : ST.JOHN, BRENNAN & DAVIES JJ,
the 29th day of June 1979
ST.JOHN & BRENNAN JJ.
The appellant is the plaintiff in this action. She appears for herself, and she has drawn her own Statements of Claim. One of her amended Statements of Claim was struck out with costs by Connor J. in the Supreme Court of the Australian Capital Territory on 5 August 1975. The defendants' solicitor is the Commonwealth Crown Solicitor and he delivered a bill of costs for taxation. The Registrar, who is the taxing officer of the Court, taxed the bill. Mrs. Inglis carried in objections, some to the bill as a whole,and some to particular items which had been allowed on the taxation. The objections were disallowed. Mrs. Inglis, being dissatisfied, applied to Connor J. for an order to
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