Spencer v Coshott [2022] NSWSC 610

Spencer v Coshott [2022] NSWSC 610

The notice of motion was dismissed because Nettle J's High Court order required the remitted matter to be dealt with in the Supreme Court of New South Wales as if the steps already taken in the High Court had been taken in that Court; UCPR 36.11 required entry of the judgment or order; the judgment was entered by force of the High Court orders and the High Court certificate of taxation applied in its terms. Although the UCPR registration provisions for costs assessors' decisions did not apply, the defendant did not establish that the Service and Execution of Process Act 1992 (Cth) applied, that registration was an invalid ministerial act, or that the process was an abuse of process. The...

Jurisdiction
Australia
Judgment Date
17 May 2022
Procedural Posture
Notice of Motion Seeking to Set Aside Judgment for Payment of Legal Costs / Determination of Defendant's Notice of Motion Filed 23 March 2021
Outcome
Defendant's notice of motion dismissed; defendant to pay the plaintiff's costs.
Legal Topics
['setting Aside Judgment' 'registration or Entry of High Court Costs Certificates' 'remittal From High Court' 'absence of Party at Hearing' 'writ of Execution']
['civil Procedure' 'costs' 'enforcement of Judgments'] ['setting Aside Judgment' 'registration or Entry of High Court Costs Certificates' 'remittal From High Court' 'absence of Party at Hearing' 'writ of Execution']

Case Brief

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Procedural Posture

Notice of Motion Seeking to Set Aside Judgment for Payment of Legal Costs / Determination of Defendant's Notice of Motion Filed 23 March 2021

Legal Issues

  1. 1 ["Whether the registration provisions of the Uniform Civil Procedure Rules for costs assessors' decisions apply to certificates of taxation issued by the High Court." 'Whether the judgment entered in the Supreme Court of New South Wales was entered regularly.' 'Whether the judgment should be set aside under the inherent jurisdiction or Uniform Civil Procedure Rules 2005 (NSW) rr 36.15 and 36.16.' 'Whether there was utility in setting aside any writ or enforcement process after the writ of execution had expired.']

Ratio Decidendi

The notice of motion was dismissed because Nettle J's High Court order required the remitted matter to be dealt with in the Supreme Court of New South Wales as if the steps already taken in the High Court had been taken in that Court; UCPR 36.11 required entry of the judgment or order; the judgment was entered by force of the High Court orders and the High Court certificate of taxation applied in its terms. Although the UCPR registration provisions for costs assessors' decisions did not apply, the defendant did not establish that the Service and Execution of Process Act 1992 (Cth) applied, that registration was an invalid ministerial act, or that the process was an abuse of process. The...

Court Disposition

Defendant's notice of motion dismissed; defendant to pay the plaintiff's costs.

Orders

  • ['The defendants notice of motion filed 23 March 2021 is dismissed.' "The defendant is to pay the plaintiff's costs."]