Titan, J. v Babic, T. & Ors [1995] FCA 813

CATCHWORDS COSTS - Appeals as to Costs - Taxation - reconsideration by the taxing officer - appeal from reconsideration - 'practice' of superior courts - general care and conduct - percentage allowance chosen - adequacy of reasons - duty of taxing officer to give adequate reasons. COSTS - Appeals as to Costs - two counsel - costs for senior counsel - litigant in person on appeal to Full Court of the Federal Court from decision of the Full Court of the Supreme Court of the ACT - relevant considerations COURTS AND JUDGES - Judges - role of judges where self-representing litigant. Federal Court Rules Order 62 r44 Federal Court Rules Order 62 rr19, 22 Federal Court Rules Second Schedule, Item 41 Australian Coal and Shale Employees Federation v Commonwealth (1953) 94 CLR 621, applied. Magna Alloys & Research Pty Ltd v Coffee (No 2) [1982] VR 97, applied. Pacific Dunlop Ltd v Australian Rubber Gloves unreported, Federal Court, 17 August 1993, applied. Re Gibson's Settlement Trusts, Mellors v Gibson [1981] 1 All ER 233, applied. Neil v Nott (1994) 121 ALR 148, applied. Schweppes' Ltd v Archer (1934) 34 SR(NSW) 178, applied. Stanley v Phillips (1966) 115 CLR 470, applied. JOZEF TITAN v TOMISLAV BABIC (First Respondent) JOHN WILLIAM KELLY (Second Respondent) and NRMA INSURANCE LIMITED (Third Respondent) No ACT G31 of 1992 FINN J CANBERRA 11 OCTOBER 1995

IN THE FEDERAL COURT OF AUSTRALIA) ) AUSTRALIAN CAPITAL TERRITORY ) ) No. ACT G31 of 1992 DISTRICT REGISTRY ) ) GENERAL DIVISION ) BETWEEN: JOZEF TITAN Applicant AND: TOMISLAV BABIC First Respondent AND: JOHN WILLIAM KELLY Second Respondent AND: NRMA INSURANCE LIMITED Third Respondent COURT: FINN J. PLACE: CANBERRA DATE: 11 OCTOBER 1995 MINUTES OF ORDER THE COURT ORDERS THAT: 1. the certificate of the taxing officer be set aside. 2. the taxing officer is directed - (i) to tax the bill of costs on the basis that objection to the engagement of senior counsel should be allowed; and (ii)to reconsider the allowance to be made for general care and conduct and to provide the appellant in his certificate or some other document, his reasons for decision on that reconsideration. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules