Amos v Monsour Pty Ltd (formerly Monsour Legal Costs Pty Ltd) [2010] FCA 741

FEDERAL COURT OF AUSTRALIA

Amos v Monsour Pty Ltd (formerly Monsour Legal Costs Pty Ltd) [2010] FCA 741 Citation: Amos v Monsour Pty Ltd (formerly Monsour Legal Costs Pty Ltd) [2010] FCA 741

Appeal from: Monsour Pty Ltd v Amos [2009] FMCA 742

Parties: EDWARD AMOS v MONSOUR PTY LTD (FORMERLY MONSOUR LEGAL COSTS PTY LTD ACN 010 644 989)

File number: QUD 215 of 2009

Judge: REEVES J

Date of judgment: 16 July 2010

Catchwords: CONTRACTS – appeal from a Federal Magistrate's decision in relation to a review of a taxation of costs – costs order made against appellant - consideration of whether a letter from appellant to respondent attaching a cheque amounted to a valid offer to settle – question of fact whether the offer valid – letter held not to be a valid offer BILLS OF EXCHANGE – appeal from a Federal Magistrate's decision in relation to a review of a taxation of costs – costs order made against appellant - consideration of whether a letter from appellant to respondent attaching a cheque placed a condition on the tender of the back cheque that it could only be negotiated on the terms contained in the letter – question of fact whether condition – the principles of accord and satisfaction require a meeting of minds – held that letter did not place a condition on the tender of the cheque JURISDICTION – taxing officer undertaking a taxation of a bill of costs is conducting the "business of the Court" – a taxing officer, as a Registrar of the Federal Court, can be delegated to exercise judicial power – this delegation is subject to the condition that the decision of the Registrar be subject to review or appeal by a judge on questions of fact and law – must be a hearing de novo – here not necessary to decide whether the taxing officer was exercising judicial power because Federal Magistrate conducted a hearing de novo in any event