Coshott v Barry & Anor (No 2) [2012] NSWSC 944

Coshott v Barry & Anor (No 2) [2012] NSWSC 944

The plaintiff's application to re-open was refused because there was no operative misapprehension of the law and the decision in Frumar v The Owners of Strata Plan 36957 does not derogate from the force of s 208J of the Legal Profession Act 1987; a certificate duly filed is enforceable as a judgment regardless of limitation period affecting the underlying debt.

Jurisdiction
Australia
Judgment Date
17 August 2012
Procedural Posture
Application for Leave to Re Open Case / Post Judgment, Before Orders Entered
Outcome
application for leave to re-open refused
Legal Topics
['power to Re Open Case' 'judgments and Orders' 'legal Costs' 'statutory Interpretation']
['civil Procedure'] ['power to Re Open Case' 'judgments and Orders' 'legal Costs' 'statutory Interpretation']

Case Brief

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Procedural Posture

Application for Leave to Re Open Case / Post Judgment, Before Orders Entered

Legal Issues

  1. 1 ['Whether the Court has power to re-open the case after reasons for judgment have been given but before orders have been entered' "Whether failure to draw the Court's attention to relevant authority constitutes an operative misapprehension of the law" 'Legal effect and enforceability of certificates of cost assessment filed under s 208J(3) of the Legal Profession Act 1987']

Ratio Decidendi

The plaintiff's application to re-open was refused because there was no operative misapprehension of the law and the decision in Frumar v The Owners of Strata Plan 36957 does not derogate from the force of s 208J of the Legal Profession Act 1987; a certificate duly filed is enforceable as a judgment regardless of limitation period affecting the underlying debt.

Court Disposition

application for leave to re-open refused

Orders

  • ["Plaintiff's application for leave to re-open case refused"]