Coshott v Barry & Board [2017] NSWSC 1435

Coshott v Barry & Board [2017] NSWSC 1435

The applicant's proceedings were wholly unarguable and wasteful; costs are awarded on the indemnity basis to the respondents and assessed as a gross sum in the amount substantiated by the respondents' affidavit, in accordance with s 98(4)(c) of Civil Procedure Act 2005 (NSW) and established practice to prevent further satellite litigation.

Parties
Applicant: Ljiljana Coshott; First Respondent: Stephen Michael Barry; Second Respondent: Martin Pearce Board
Jurisdiction
Australia
Judgment Date
20 October 2017
Procedural Posture
Application for Judicial Review / Post Dismissal Costs Determination
Outcome
Costs orders made against applicant; costs assessed in gross sum on indemnity basis.
Legal Topics
Indemnity Costs, Gross Sum Assessment, Solicitor's Own Costs, Costs Orders
Costs Indemnity Costs Gross Sum Assessment Solicitor's Own Costs Costs Orders

Case Brief

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Parties

Ljiljana Coshott

Applicant

Stephen Michael Barry

First Respondent

Martin Pearce Board

Second Respondent

Procedural Posture

Application for Judicial Review / Post Dismissal Costs Determination

Legal Issues

  1. 1 Whether costs should be assessed on indemnity basis
  2. 2 Whether costs should be assessed as a gross sum under Civil Procedure Act 2005 (NSW) s 98(4)(c)
  3. 3 Extent to which solicitor's own costs are recoverable

Ratio Decidendi

The applicant's proceedings were wholly unarguable and wasteful; costs are awarded on the indemnity basis to the respondents and assessed as a gross sum in the amount substantiated by the respondents' affidavit, in accordance with s 98(4)(c) of Civil Procedure Act 2005 (NSW) and established practice to prevent further satellite litigation.

Court Disposition

Costs orders made against applicant; costs assessed in gross sum on indemnity basis.

Orders

  • The costs payable by the applicant to the first and second respondents pursuant to order 2 made 5 September 2017 are to be paid on the indemnity basis.
  • Pursuant to s 98(4)(c) of the Civil Procedure Act 2005 (NSW) the amount of costs payable by the applicant to the first and second respondents pursuant to order 2 made 5 September 2017 is assessed in the gross sum of $30,223.30.