Gannon -v- Taxing Master James Flynn & ors, [2001] IESC 78 (2001)

Docket Number:273/00
Party Name:Gannon, Taxing Master James Flynn & ors
Judge:Geoghegan J.
 
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THE SUPREME COURTBETWEEN/F. GERARD M. GANNONApplicant/RespondentandTAXING MASTER JAMES FLYNNRespondent/AppellantandBERNADETTE MULLENNotice PartyJudgment of Mr. Justice Geoghegan delivered the 4th day of October 2001This is an appeal from an order of the High Court (Laffoy J.) made on the 11th of May 2000 quashing, by way of certiorari, an order of the above-named Taxing Master, Mr. James Flynn, awarding to the notice party the costs of objections to a taxation in connection with a High Court order for costs in favour of the notice party against the above-named applicant/respondent who is himself a solicitor. The notice party elected to play no part in the proceedings and the appeal has been brought by the said Taxing Master.The background to this judicial review proceeding has been admirably summarised by the learned High Court judge at the commencement of her judgment. It is not necessary to reset out the factual background in this judgment as what is involved in this appeal is a single net point of law involving essentially the true construction of section 27(6) of the Courts and Court Officers Act, 1995.The Taxing Master had awarded the costs of the objections in purported pursuance of a discretion given to him in that behalf by O. 99, r. 38(2) of the Rules of the Superior Courts 1986. That sub-rule reads as follows:-"The Taxing Master may, if he thinks fit, tax the costs of such objections and add them to or deduct them from any sum payable by or to any party to the taxation."The net question which arises however is whether that discretion given to the Taxing Master by the Rules of the Superior Courts was abolished by the terms of section 27(6) of the Courts and Court Officers Act, 1995. That subsection reads as follows:-"Without prejudice to the provisions of O. 99, r. 29(12) and (14) of the Rules of the Superior Courts 1986 or without prejudice to any enactment regulating the charging of fees payable in the Taxing Master's Office on the taking up of a certificate of taxation on the taxation of a bill of costs (whether on a solicitor and client or party and party basis) no solicitor or legal cost accountant or other cost drawer shall be entitled to any fees, disbursements, charges or expenses in relation to the taxation of costs as against the opposing party, but save as against the party who incurred such fees, disbursements charges or expenses."O. 99, r. 29(12) permits the Taxing Master to allow a solicitor attending to oppose the taxation of costs...

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