Coshott v Parker [2015] NSWSC 197

Coshott v Parker [2015] NSWSC 197

The Legal Profession Act 2004 does not prohibit filing a costs assessor’s certificate when a determination is under review; the statute only suspends enforcement pending review, and the certificate filing remains permissible throughout. Further, s 368(5) is constitutionally valid; deeming an assessor’s determination to be a judgment upon filing does not undermine the institutional integrity or independence of the Supreme Court nor does it require or direct the Court to implement executive policy without judicial process.

Parties
Plaintiff: Ljiljana Coshott; First Defendant: Michelle Lena Parker; Second Defendant: Christina Marie Collins; Intervener: Attorney-General for the State of New South Wales
Jurisdiction
Australia
Judgment Date
12 March 2015
Procedural Posture
Notice of Motion—civil Application / Judgment After Hearing on Motion Re Costs Certificate and Constitutional Validity
Outcome
Plaintiff's Notice of Motion filed 15 October 2014 dismissed.
Legal Topics
Costs Assessment, Enforcement of Costs Orders, Judgments and Certificates, Review of Cost Assessments, Kable Principle, Validity of Statutory Conferral of Judicial Power
Civil Procedure Statutory Interpretation Constitutional Law Costs Assessment Enforcement of Costs Orders Judgments and Certificates Review of Cost Assessments Kable Principle +1 more

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Parties

Ljiljana Coshott

Plaintiff

Michelle Lena Parker

First Defendant

Christina Marie Collins

Second Defendant

Attorney-General for the State of New South Wales

Intervener

Procedural Posture

Notice of Motion—civil Application / Judgment After Hearing on Motion Re Costs Certificate and Constitutional Validity

Legal Issues

  1. 1 Whether the filing of a costs assessor's certificate while review is pending is impermissible, illegal, or procedurally irregular and should be set aside.
  2. 2 Whether s 368(5) of the Legal Profession Act 2004 is constitutionally invalid as contrary to the Kable principle.

Ratio Decidendi

The Legal Profession Act 2004 does not prohibit filing a costs assessor’s certificate when a determination is under review; the statute only suspends enforcement pending review, and the certificate filing remains permissible throughout. Further, s 368(5) is constitutionally valid; deeming an assessor’s determination to be a judgment upon filing does not undermine the institutional integrity or independence of the Supreme Court nor does it require or direct the Court to implement executive policy without judicial process.

Court Disposition

Plaintiff's Notice of Motion filed 15 October 2014 dismissed.

Orders

  • The plaintiff's Notice of Motion filed 15 October 2014 is dismissed.
  • Unless contrary written submissions are made within 7 days, the plaintiff is to pay the defendants' costs.