RAJSKI v BAINTON (NO 1) [1988] NSWCA 124

RAJSKI v BAINTON (NO 1) SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY P 15 February 1988

[1988] NSWCA 124

COSTS — objection to bill — execution of a certificate of costs — request by litigant in person for stay of execution of any certificate — litigant involved in preparation for other cases — opponent offers not to execute pending further order held: Noting undertaking no stay ordered of taxation of costs — but to avoid loss of time bill should take its place in queue and litigant should object in general terms. Supreme Court Rules, Pt52, r50A and r60.

ORDERS

1. Note the undertaking given to the Court on behalf of Mr Bainton.

2. Direct Dr Rajski to file within two days a notice of objection in the terms stated to the bill of costs filed.

3. Direct the Registrar taxing the bill of costs to deal with the taxation as a contested bill of costs.

4. Give leave to either party to re-list the proceedings before the Court on two days' notice to the other.

5. Order that the costs of these proceedings be costs in the appeal.

Kirby P On 19 November 1987 Clarke J gave judgment in proceedings between the present claimant, Dr Rajski, and the opponent, Mr Bainton QC. One of the orders which his Honour made was that Dr Rajski pay Mr Bainton's costs of lengthy proceedings which had been heard before his Honour.

A bill of costs has now been prepared by the solicitor for Mr Bainton. I have been informed without objection, although no evidence to this effect has been placed before me by either party, that the bill has been brought in at approximately $40,000. The bill has now been filed in the Court.

Under the Rules, Dr Rajski would be required to file a notice of objection setting out the grounds of any objections he has to the bill of costs and to do so in some detail. See Supreme Court Rules, Pt52, R50A(4); r60(51).