Cytel Pty Ltd v Peoplebank Recruitment Pty Ltd [2008] FCA 518

FEDERAL COURT OF AUSTRALIA

Cytel Pty Ltd v Peoplebank Recruitment Pty Ltd [2008] FCA 518 PRACTICE AND PROCEDURE – bill of costs issued by respondent and estimate of costs made by registrar – estimate notified to the parties – no notice of objection to estimate filed – applicant claims estimate not received – certificate of taxation issued – applicant received certificate of taxation – no objection to certificate of taxation filed – certificate of taxation entered as a judgment – applicant seeks to set aside certificate of taxation and stay enforcement of judgment – applicant relies on failure to receive estimate under Order 62 rule 46(3)(cb) of Federal Court Rules – Court satisfied applicant's solicitor with carriage of file did not receive estimate but not satisfied firm of solicitors did not receive estimate – receipt of estimate by solicitors on the record is receipt by the applicant – language of Order 62 rule 46(3)(cb) not mandatory – no basis for exercise of Court's discretion to set aside order or certificate of taxation Federal Court of Australia Act 1976 (Cth) Federal Court Rules, O 62 r 46 Yang v American International Assurance Company (Australia) Ltd (No 2) [2008] FCA 493 cited CYTEL PTY LIMITED ACN 098 580 815 v PEOPLEBANK RECRUITMENT PTY LTD (FORMERLY MASTECH ASIA PACIFIC PTY LTD) ACN 080 574 616

NSD 2008 of 2003

BENNETT J

22 APRIL 2008

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2008 of 2003

BETWEEN: CYTEL PTY LIMITED

ACN 098 580 815

Applicant

AND: PEOPLEBANK RECRUITMENT PTY LTD

(FORMERLY MASTECH ASIA PACIFIC PTY LTD)

ACN 080 574 616

Respondent

JUDGE: BENNETT J DATE OF ORDER: 22 APRIL 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The notice of motion is dismissed. 2. The applicant is to pay the respondent's costs of and incidental to the notice of motion on an indemnity basis. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA