Coshott v Parker [2011] NSWSC 786

Coshott v Parker [2011] NSWSC 786

The relief sought cannot be granted because Mrs Coshott was not a party to the earlier proceedings, and her interest in Mr Coshott's practice was neither litigated nor adjudicated; declaratory relief is not an alternative mechanism to the statutory costs assessment process; and the evidence did not establish Mrs Coshott's standing as solicitor, assignee, or partner in the relevant sense. Therefore, res judicata, issue estoppel, and Anshun estoppel do not preclude the defendants from raising objections to the costs assessment applications.

Jurisdiction
Australia
Judgment Date
28 July 2011
Procedural Posture
Summons / Application to Dismiss Summons (notice of Motion)
Outcome
Summons dismissed
Legal Topics
['res Judicata' 'issue Estoppel' 'anshun Estoppel' 'costs Assessment' 'standing of Applicant' 'bankruptcy and Costs' 'declaratory Relief']
['civil Procedure'] ['res Judicata' 'issue Estoppel' 'anshun Estoppel' 'costs Assessment' 'standing of Applicant' 'bankruptcy and Costs' 'declaratory Relief']

Case Brief

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Procedural Posture

Summons / Application to Dismiss Summons (notice of Motion)

Legal Issues

  1. 1 ["Can the defendants be precluded by res judicata, issue estoppel or Anshun estoppel from raising objections to the plaintiff's applications for assessment of bills of costs?" "Does Mrs Coshott have standing to pursue applications for assessment of costs in light of her claimed interest and Mr Coshott's bankruptcy?" 'Is declaratory relief an available mechanism in the circumstances instead of the assessment scheme under the Legal Profession Act?']

Ratio Decidendi

The relief sought cannot be granted because Mrs Coshott was not a party to the earlier proceedings, and her interest in Mr Coshott's practice was neither litigated nor adjudicated; declaratory relief is not an alternative mechanism to the statutory costs assessment process; and the evidence did not establish Mrs Coshott's standing as solicitor, assignee, or partner in the relevant sense. Therefore, res judicata, issue estoppel, and Anshun estoppel do not preclude the defendants from raising objections to the costs assessment applications.

Court Disposition

Summons dismissed

Orders

  • ['Summons dismissed' "Unless the parties apply within 7 days, Mrs Coshott to bear the defendants' costs."]