WENTWORTH v WENTWORTH [1996] NSWCA 552

WENTWORTH v WENTWORTH SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

PRIESTLEY, CLARKE JJA AND GROVE AJA 23 November 1995, 21 February 1996 [1996] NSWCA 552

Taxation of Costs — reconsideration of taxation — review of reconsiderations — party/party costs — solicitor/client costs — costs of preparation for trial Right to appeal — waiver — estoppel — election Costs — fixed sum of costs — costs in a specific sum — proportion of costs This appeal is concerned with the taxation of costs which were awarded in Family Provision Act proceedings between Katherine Wentworth (KW) and her brother Peter Wentworth (PW) in 1991. In those proceedings, Bryson J made certain costs orders, the effect of which were that PW would pay KW's costs on a party/party basis. These orders were later affirmed by the Court of Appeal.

In the meantime, KW had filed a bill of costs for an amount of approximately $800,000, the taxation of which was conducted by Taxing Officer Howe. After an extended and complicated taxing process, both parties requested a reconsideration of the taxation. Matters were complicated even further, as during the course of the taxation, numerous applications concerning the taxation process were made by KW to Master McLaughlin. These applications were heard during 1994, prior to the conclusion of the reconsideration.

In late 1994, the Master heard three specific notices of motion issued by KW, seeking: (1) the issue of an interim costs certificate; (2) prerogative relief to quash determinations of the Taxing Officer; and (3) review of specific matters. None of the matters in the notices of motion sought a review of the reconsideration by the

Master under SCR Pt52 162. In December 1994 the Master expressed certain statements of principle and made a number of orders which culminated in him sending the proceedings to another Taxing Officer who was to complete the taxation in accordance with the rulings of the Master.