Coshott v Parker & Collins as Executors of the Estate of the late Michael Petrovic Lenin [2015] NSWSC 998

Coshott v Parker & Collins as Executors of the Estate of the late Michael Petrovic Lenin [2015] NSWSC 998

It would be unconscionable for the plaintiff to deny Ronald Coshott the right to subrogation for the amount he paid on her behalf at her request; thus, he is entitled to be subrogated to the rights of the defendants to the extent of his payment.

Parties
Plaintiff: Ljiljana Coshott; First Defendant: Michelle Lena Parker; Second Defendant: Christina Marie Collins; Applicant: Ronald Coshott
Jurisdiction
Australia
Judgment Date
24 July 2015
Procedural Posture
Notice of Motion / Post Judgment Application – Application for Subrogation Declaration
Outcome
Declaration of subrogation in favour of applicant; parties directed to bring in Short Minutes of Order; costs reserved.
Legal Topics
Subrogation, Payment of Debt by Third Party, Creditor Substitution, Unconscionability
Equity Subrogation Payment of Debt by Third Party Creditor Substitution Unconscionability

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Parties

Ljiljana Coshott

Plaintiff

Michelle Lena Parker

First Defendant

Christina Marie Collins

Second Defendant

Ronald Coshott

Applicant

Procedural Posture

Notice of Motion / Post Judgment Application – Application for Subrogation Declaration

Legal Issues

  1. 1 Whether payment of a judgment debt by a third party at the request of the debtor gives rise to a right of subrogation in favour of that third party
  2. 2 Whether it would be unconscionable for the debtor to deny the third party subrogation rights

Ratio Decidendi

It would be unconscionable for the plaintiff to deny Ronald Coshott the right to subrogation for the amount he paid on her behalf at her request; thus, he is entitled to be subrogated to the rights of the defendants to the extent of his payment.

Court Disposition

Declaration of subrogation in favour of applicant; parties directed to bring in Short Minutes of Order; costs reserved.

Orders

  • A declaration that Ronald Coshott is subrogated to the rights of the defendants with respect to the judgment debt against the plaintiff entered on 14 December 2012.
  • The parties are to bring in Short Minutes of Order reflecting this judgment.