Federal Court of Australia
OA
IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION ) ) )
BANKRUPTCY DISTRICT OF NEW SOUTH WALES AND THE AUSTRALIAN CAPITAL TERRITORY
No. B.3930 of 1986
RE:
JEAN SHIRLEY MCMAHON
Bankrupt EX PARTE:
OFFICIAL TRUSTEE IN BANKRUPTCY
Respondent
EX-TEMPORE REASONS FOR JUDGMENT
BURCHETT J.
In this matter an order for costS was made upon dismissal of a petition on 25 March 1986. The judgment debtor required the bill of costs to be taxed, and .an appointment for that purpose was obtained. The judgment debtor does not suggest
that she did not receive adequate notice of the taxation of the
costs.
What she does assert is that, on the day when the costs were taxed, she was unwell and did not attend upon the taxation, nor did she notify the court office, or the other party, or 1ts solicitor. Upon becoming somewhat better shortly afterwards, her evidence indicates she consulted a barrister who told her that it was not necessary for her to take any active step at that stage.
And she did not, then, notify either the court, or, the opposing vy" - ' x v* \
NEECTIVOTY
FEDERAL COURT OF AUSTRALIA
PRINCIFAL REGISIAY
2.
party, or its solicitor, that it was because of her illness that she had not attended upon the taxation. On the day of the taxation, the costs were, in fact, taxed and a certificate of
taxation issued, dated 29 May 1986, in the sum of $3819-75.
The precise form of the order which had been made on 25
March 1986 was:
"(1) The creditor's petition be dismissed;
(2) The judgment debtor to pay the petition (scil. petitioning) creditor's taxed costs of the petition, including reserved costs."
Under rule 172, provision is made, where a bill of costs has been taxed, for the taxing officer to sign a certificate; and by rule 172 sub-rule (3) it is provided:
"The person who lodges a bill of costs for
taxation shall upon the issue to him of a certificate of taxation in relation to that bill, serve the certificate of taxation on
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