Coshott v Barry [2016] NSWCA 169

Coshott v Barry [2016] NSWCA 169

The Registrar's decision to dismiss Mrs Coshott's proceedings was set aside because the applicant's submissions about the operation of costs provisions are reasonably arguable and important, there was a breakdown of communication with legal representatives, and any prejudice to respondents addressed by costs and payment into court.

Parties
Applicant: Ljiljana Coshott; First Respondent: Stephen Michael Barry; Second Respondent: Martin Pearce Board
Jurisdiction
Australia
Judgment Date
15 July 2016
Procedural Posture
Notice of Motion to Set Aside Dismissal / Interlocutory Decision on Motion
Outcome
Registrar's order set aside. Costs thrown away payable. Payment into court required. Proceedings stayed if payment not made. Referral to Registrar for directions.
Legal Topics
Costs Dispute, Self Represented Legal Practitioners, Judicial Review, Setting Aside Registrar's Decision
Civil Procedure Costs Dispute Self Represented Legal Practitioners Judicial Review Setting Aside Registrar's Decision

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Parties

Ljiljana Coshott

Applicant

Stephen Michael Barry

First Respondent

Martin Pearce Board

Second Respondent

Procedural Posture

Notice of Motion to Set Aside Dismissal / Interlocutory Decision on Motion

Legal Issues

  1. 1 Whether Registrar's order dismissing judicial review proceedings should be set aside
  2. 2 Whether a self-represented legal practitioner may claim professional costs for representing themselves

Ratio Decidendi

The Registrar's decision to dismiss Mrs Coshott's proceedings was set aside because the applicant's submissions about the operation of costs provisions are reasonably arguable and important, there was a breakdown of communication with legal representatives, and any prejudice to respondents addressed by costs and payment into court.

Court Disposition

Registrar's order set aside. Costs thrown away payable. Payment into court required. Proceedings stayed if payment not made. Referral to Registrar for directions.

Orders

  • The decision of the Registrar made on 4 May 2016 dismissing proceedings commenced by Mrs Coshott against Stephen Michael Barry and Martin Pearce Board, under r 13.6 of the Uniform Civil Procedure Rules 2005 (NSW) is set aside.
  • Mrs Coshott pay the costs thrown away of the application to show cause heard on 4 May 2016 and this application.