High Court of Australia
HALLIDAY
SAC: ROUP PTY. LTD.
DGMENT DAWSON J. (oral)
23/12/1992
HALLIDAY
SACS GROUP PTY. LTD.
In February 1990 Spectra Systems Pty. Ltd. ("Spectra"), a company of which the applicant was a director, instituted proceedings against the respondent to these proceedings, Sacs Group Pty. Ltd. (now called High Performance Personnel Pty. Ltd.), in the County Court of Victoria. That action was dismissed with costs on 29 July 1991. By a notice of appeal dated 26 August 1991 the applicant, as "assignee", gave notice of his intention to appeal to the Full Court of the Supreme Court of Victoria against the judgment and orders of the County Court. However, on application to the Supreme Court this notice of appeal was set aside on the grounds that the applicant was not a competent appellant and that the notice of appeal was therefore an abuse of process. A further document dated 22 October 1991 and headed "Amended Notice of Appeal" was also set aside. On 15 November 1991 the applicant
applied to this Court for special leave to appeal from
the whole of the judgment of the Supreme Court. On
8 May 1992, this Court refused the applicant leave to appear in person to make the application for special leave to appeal and dismissed the application for special leave to appeal. It further ordered that the applicant pay the respondent's costs "of and incidental to the ... application such costs to be taxed by the proper officer of this Court". On 30 January 1992, that is, before the hearing of the application for special leave to appeal, a Master of the Supreme Court ordered that the respondent be wound up by the Court. Spectra has also since been wound up, pursuant to an application made by the respondent, by order dated
12 March 1992.
At the commencement of the taxation of the respondent's costs on 22 July 1992, the applicant raised a general objection to the bill. This objection was that the respondent was not entitled to recover the costs of the application for special leave to appeal because it had not incurred any liability to pay those costs. The taxation proceedings were adjourned to 6 August 1992, at which time the taxing officer ordered a further adjournment to allow the parties to prepare written submissions concerning this objection. After
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