Fazio (Executor) v Passmore (No 2) [2011] FCA 371

Respondent

JUDGE: SIOPIS J DATE: 13 APRIL 2011 PLACE: PERTH

REASONS FOR JUDGMENT 1 On 25 March 2011, I delivered reasons for judgment. On that occasion, the Court made orders extending the time within which the applicant could bring an application for review of the orders made by District Registrar Jan of this Court in WAD 4 of 2010 for the administration of the late Ms Samantha Underdown's estate, but dismissed the applicant's application for review. Mr Arturo Fazio, in his capacity as executor of the estate of the late Ms Underdown, was the applicant. 2 Mr Fazio advised the Court in advance that he would not be able to attend Court for the delivery of the reasons for judgment. Accordingly, at the time of delivery of the reasons for judgment, I made orders that each party was to file and serve any written submissions as to the costs of the application by 4:00 pm on 1 April 2011. 3 The respondent, Ms Passmore, has filed submissions in respect of costs. However, the applicant has not done so. 4 The respondent seeks orders that the applicant pay the respondent's costs of the application. The respondent also seeks an order under O 64 r 4 of the Federal Court Rules that the applicant pay costs fixed in the sum of $2,427.00. 5 In my view, there is no reason to depart from the usual order for costs, namely, that costs follow the event. However, I am not minded to award costs in the fixed sum requested by the respondent. On the face of it, the amount sought appears to be reasonable, but, in my view, it is appropriate that the costs be assessed by a taxing officer. 6 Accordingly, I will order that the applicant pay the respondent's costs of the application to be taxed. I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Siopis.