Federal Court of Australia
Federal Court of Australia
Pekar v Jess (Trustee) (No 3) [2021] FCA 466 File number: VID 81 of 2017
Judgment of: KERR J
Date of judgment: 6 May 2021
Catchwords: COSTS – application for review of taxation – where Respondent erroneously filed a combined bill of costs for two proceedings, one in the Federal Court of Australia and one in the Federal Circuit Court of Australia – where Respondent subsequently filed two separate bills of costs, which were taxed – where there was an alleged duplication of costs – where the Registrar rejected a number of items and reduced the amount awarded in others – where the application should be upheld and further amounts be taxed off the award of the taxing officer – where costs of this Application for review are awarded PRACTICE AND PROCEDURE – review of Registrar's decision as taxing officer to be conducted de novo
Legislation: Federal Court Rules 2011
Cases cited: Australian Coal and Shale Employees Federation v Commonwealth (1953) 94 CLR 621 Bechara v Bates [2011] FCAFC 34 Brandy v Human Rights and Equal Opportunity Commission (1995) 183 CLR 267 Coshott v Crouch [2017] FCAFC 135
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of Paragraphs: 88
Date of hearing: 21 April 2021
Date of last submissions: 22 April 2021
Counsel for the Applicant: Mr Pekar appeared on behalf of the Applicant
Counsel for the Respondent: Mr Lapirow
Solicitor for the Respondent: Rothwell Lawyers
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