Marketing Advisory Services v Tasmanian Football League Inc [2003] FCA 245

FEDERAL COURT OF AUSTRALIA

Marketing Advisory Services v Tasmanian Football League Inc [2003] FCA 245

PRACTICE AND PROCEDURE – costs – bill of costs – taxation – judicial review of decision of taxing officer – correct test for review of taxation – whether exercise of discretionary decision – presumption in favour of correctness of discretionary decision – whether taxation manifestly wrong – whether error in principle – affirmation unless clearly wrong – review not to be conducted as if judge were original decision maker

Federal Court Rules O 62 rr 42, 44(1) Australian Coal and Shale Employees' Federation v The Commonwealth (1956) 94 CLR 621 applied House v The King (1950) 81 CLR 513 applied Market Advisory Services (MAS) v Football Tasmania Ltd [2002] doubted Schweppes' Ltd v Archer (1934) 34 SR (NSW) 178 applied Titan v Babic [1995] FCA 813 considered Wheaton v Football Tasmania Limited [2001] FCA 1518 cited MARKETING ADVISORY SERVICES v THE TASMANIAN FOOTBALL LEAGUE T5 OF 2001 HEEREY J HOBART (HEARD IN MELBOURNE) 19 MARCH 2003

IN THE FEDERAL COURT OF AUSTRALIA

TASMANIA DISTRICT REGISTRY T5 OF 2001

BETWEEN: MARKETING ADVISORY SERVICES

APPLICANT

AND: TASMANIAN FOOTBALL LEAGUE INC

FIRST RESPONDENT

FOOTBALL TASMANIA

SECOND RESPONDENT

JUDGE: HEEREY J

DATE OF ORDER: 26 MARCH 2003

WHERE MADE: MELBOURNE (HEARD IN HOBART)

THE COURT ORDERS THAT: 1. The applicant's notice of motion dated 7 January 2003 is dismissed. 2. The applicant pay the second respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

TASMANIA DISTRICT REGISTRY T5 OF 2001

BETWEEN: MARKETING ADVISORY SERVICES

APPLICANT

AND: TASMANIAN FOOTBALL LEAGUE INC