Coshott v Barry & Anor [2012] NSWSC 850

Coshott v Barry & Anor [2012] NSWSC 850

The right and title to debts quantified in the four costs assessor certificates not filed as judgments is extinguished under the Limitation Act 1969; these certificates are not ultra vires, but the debts are unenforceable. In contrast, the two judgments already entered upon filed certificates are enforceable as they were obtained within the relevant limitation period.

Jurisdiction
Australia
Judgment Date
27 July 2012
Procedural Posture
Separate Question / Judgment on Interlocutory/separate Issue
Outcome
Relief sought by Mrs Coshott in orders 1, 2, and 5 of her further amended summons refused.
Legal Topics
['limitation Periods' 'legal Costs' 'costs Assessment' 'statute Barred Debts']
['practice and Procedure'] ['limitation Periods' 'legal Costs' 'costs Assessment' 'statute Barred Debts']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Separate Question / Judgment on Interlocutory/separate Issue

Legal Issues

  1. 1 ['Does the Limitation Act 1969 apply to the recovery of legal costs by solicitors under the Legal Profession Act 1987 costs assessment procedures?' 'Are certificates of determination and judgments issued or obtained under the Legal Profession Act 1987 in relation to time-barred debts ultra vires or unenforceable?' 'At what date does a solicitor’s cause of action for unpaid fees accrue for limitation purposes under the costs assessment system?']

Ratio Decidendi

The right and title to debts quantified in the four costs assessor certificates not filed as judgments is extinguished under the Limitation Act 1969; these certificates are not ultra vires, but the debts are unenforceable. In contrast, the two judgments already entered upon filed certificates are enforceable as they were obtained within the relevant limitation period.

Court Disposition

Relief sought by Mrs Coshott in orders 1, 2, and 5 of her further amended summons refused.

Orders

  • ['Relief refused for orders 1, 2, and 5 of the further amended summons.']