Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA

Taxation of costs - Disclosure of offer - Reasons for adjournment

1 DEPUTY REGISTRAR HEWITT: By an undated letter which was placed before me on 15 April 2011, the appellant to this action seeks reasons for my adjournment of a taxation which was listed before me on 24 January 2011.

3 By decision dated 20 July 2010 a magistrate of the Perth Magistrates Court dismissed the plaintiff's action against the respondent. The appellant appealed against that decision and succeeded in that appeal, the court ruling that a breach of natural justice had occurred.

4 The matter came before me on 7 September 2010 for programming towards the hearing of the appeal. At that stage, I disqualified myself from having further dealings on the file on the basis that I am a close friend of the solicitor for the respondent, and in light of the fact that the appellant appeared in person I considered it inappropriate to have further dealings in the matter.

5 On 22 December 2010, the appellant presented a bill of costs for taxation which was listed for hearing on 24 January at 2.15 pm. Notwithstanding the fact that I had disqualified myself, I nonetheless discovered that hearing had been listed before me. My inquiries indicated that no one else was available to conduct the hearing. That was a matter of some embarrassment to me and to the court and I therefore indicated to the appellant that I would be prepared to undertake the taxation, notwithstanding my earlier ruling, provided that she agreed that she would not raise an objection to the taxation on the basis of my involvement to which she agreed.

6 The taxation then commenced and the solicitor for the respondent commenced with a statement to the effect that negotiations had taken place between the parties and a request to the appellant not to disclose the content of those negotiations.

7 The appellant responding by saying that there had been no negotiations and that all that had happened was that the respondent had offered a sum of money in satisfaction of the bill. The amount was stated and I believe it to have been $134 but in any event whatever the amount was I was made aware of it by the appellant.

8 Given the consequences of a taxing party refusing an offer, I considered that it was now improper of me to continue with the taxation and I therefore adjourned it. I reserved the costs of the taxation for consideration by whomever might resume the taxation.