Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Titan v Romano [2000] FCA 431
CATCHWORDS
PRACTICE AND PROCEDURE – Magistrates Court – proceedings brought by solicitor to recover costs which had not been taxed – allegations that costs not properly incurred and of misconduct on part of solicitor – reference to Registrar of Magistrates Court for assessment of costs – no reasons given by Registrar for assessment and no reasons given by magistrate for accepting the assessment when various items subject to dispute – whether reasons required to be given by magistrate where none given by Registrar. Legal Practitioners Act 1970 (ACT), s 110 Supreme Court Rules (ACT), O 65 r 8, O 65 r 53 Magistrates Court (Civil Jurisdiction) Act 1982 (ACT), s 47 Limitation Act 1985 (ACT) Federal Proceedings (Costs) Act 1981 (Cth) Titan v Babic (11 October 1995, Federal Court of Australia, Finn J, unreported) Chloride Batteries Australia Ltd v Glendale Chemical Products Pty Ltd (1988) 17 NSWLR 60 Cape v Maidment & ors (1991) 103 FLR 259 Public Service Board (NSW) v Osmond (1986) 159 CLR 656 Doyle v Ranse (1991) 103 FLR 419 Harris v Western Australian Exim Corporation (1994) 56 FCR 1 Rodgers v Commissioner of Taxation (1998) 88 FCR 61).
ON APPEAL FROM A JUDGE OF THE SUPREME COURT OF THE
AUSTRALIAN CAPITAL TERRITORY JUDGES: HILL, HIGGINS, GYLES JJ DATE: 10 APRIL 2000 WHERE MADE: CANBERRA
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY AG 127 of 1999
DISTRICT REGISTRY
ON APPEAL FROM A JUDGE OF THE SUPREME COURT OF THE
AUSTRALIAN CAPITAL TERRITORY
BETWEEN: JOZEF TITAN
APPELLANT
AND: BRUNA ROMANO AND JOHN BAPTIST MEMMOLO
t/as ROMANO & CO
RESPONDENTS
JUDGES: HILL, HIGGINS, GYLES JJ
DATE OF ORDER: 10 APRIL 2000
WHERE MADE: CANBERRA
THE COURT ORDERS THAT:
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