Stanko Perica v Crossin Barker Gosling [1996] ACTSC 7 (27 February 1996)

SUPREME COURT OF THE ACT

STANKO PERICA v. CROSSIN BARKER GOSLING
No. SC602 of 1995
Number of pages - 2
Review

COURT

IN THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
HIGGINS J

CATCHWORDS

Review of solicitor/client bill of costs - details disclosed in itemised bill not disputed - applicant claimed excessive amount allowed - appropriate scale used - inappropriate categorisation of file management fee as a disbursement - applicant charged twice for file management - amendment to certificate of taxation.

HEARING

CANBERRA, 2 February 1996
27:2:1996

The Plaintiff appeared in person

Counsel for the Defendant: Mr T Merrilees

Instructing solicitors: Crossin Barker Gosling

ORDER

THE COURT ORDERS THAT:
The Certificate of Taxation be reduced to $1,531.17.

DECISION

HIGGINS J This is an application by the plaintiff to review a solicitor/client bill of costs in a matter which Wylkant Pty Limited was defendant.

2. The Deputy Registrar taxed the defendant's costs as detailed in an itemised bill at $1,607.60.

3. The plaintiff did not seek to dispute the details disclosed in the Bill but rather suggested too much was allowed.

4. With one exception, each of the individual items is charged at no more than the appropriate scale and is apparently allowable on a solicitor/client basis. The exception is "20/10/92 15 Engrossing same $136.00". It should be $13.60. There are erroneous under charges totalling $23.26. A correction reducing the total of the Bill by $99.14 is therefore required. The total costs allowed are $1,912.87, reduced as per scale to 67% thereof, that is, to $1,281.62. The allowance for care, skill and attention does not require adjustment. The total for costs should be $1,431.62.

5. However, in relation to disbursements, I do not consider it appropriate to charge both for copies of documents for the solicitor's file and a "File Maintenance fee". The latter was incorrectly charged as a disbursement. Save for that charge and the correction referred to as to costs, the sums allowed by the Deputy Registrar have been properly allowed.

6. I amend the certificate of taxation, reducing the same to $1,531.17.