Taylor v CGU Insurance Limited [2006] FCA 548

FEDERAL COURT OF AUSTRALIA

Taylor v CGU Insurance Limited [2006] FCA 548 PRACTICE AND PROCEDURE – application to recover costs against own solicitor – further application by unsuccessful applicant to recover costs ordered to be paid to the applicant's former solicitors as damages for contractual or tortious negligence or monies paid under mistake or for damages – such issues determined after listing of hearing on issue of jurisdiction and power – common ground that determination of issues of jurisdiction and power not in accord with requirements of procedural fairness – finding that claim based on negligence not within accrued or associate jurisdiction of court in error of law – appropriate form of orders COSTS – non-party respondent – eligible for federal costs certificate Federal Court of Australia Act 1976 (Cth) ss 22, 23, 24(1A) Federal Magistrates Act 1999 (Cth) s 79 Federal Proceedings (Costs) Act 1981 (Cth) ss 4(1), 6, 6(1), 6(3), 6(3)(a) Federal Magistrates Court Rules 2001 r 21.07 Caboolture Park Shopping Centre Pty Ltd (in liq) v White Industries (Qld) Pty Ltd (1993) 45 FCR 224 Escobar v Spindaleri (1986) 7 NSWLR 51 Fencott v Muller (1983) 152 CLR 570 Industry Research and Development Board v IMT Ltd (2001) 46 ATR 275 LNC Industries Ltd v BMW (Australia) Ltd (1983) 151 CLR 575 Northern NSW FM Pty Ltd v Australian Broadcasting Tribunal (1990) 26 FCR 39 Philip Morris Inc v Adam P Brown Male Fashions Pty Ltd (1981) 148 CLR 457 Re Wakim; Ex parte McNally (1999) 198 CLR 511 Seltsam Pty Ltd v Ghaleb [2005] NSWCA 208 Stead v State Government Insurance Commission (1986) 161 CLR 141 Taylor v CGU Insurance Ltd (No 2) [2005] FMCA 1153 Taylor v CGU Insurance Ltd [2005] FMCA 1073 ROBERT FLYNN TAYLOR v CGU INSURANCE LIMITED WAD 202 of 2005 NICHOLSON J 12 MAY 2006 PERTH

IN THE FEDERAL COURT OF AUSTRALIA