Coshott v Prentice (No 3) [2019] FCA 1497

Coshott v Prentice (No 3) [2019] FCA 1497

The Report was adopted in full because the referee considered the materials and submissions, applied a principled four-step process to allow, disallow or reduce items, assessed rates, quantum and whether work was reasonably and properly incurred, and was not required to apply a global discount where the detail available allowed more specific assessment. No error of principle, perversity or manifest unreasonableness was shown.

Jurisdiction
Australia
Judgment Date
09 September 2019
Procedural Posture
Practice and Procedure; Costs Application for Adoption of Referee Report / Application by Mr Prentice for Adoption of the Referee Report in Full
Outcome
The referee report was adopted in whole; the challenge by Fewin Pty Limited and the Coshott parties was rejected.
Legal Topics
['adoption of Referee Report' 'referee Inquiry' 'quantification of Countervailing Costs Orders' 'party Party Costs' 'global Discount' 'lump Sum Costs Assessment' 'taxation of Costs']
['practice and Procedure' 'costs' 'commercial and Corporations' 'general and Personal Insolvency'] ['adoption of Referee Report' 'referee Inquiry' 'quantification of Countervailing Costs Orders' 'party Party Costs' 'global Discount' 'lump Sum Costs Assessment' 'taxation of Costs']

Case Brief

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Procedural Posture

Practice and Procedure; Costs Application for Adoption of Referee Report / Application by Mr Prentice for Adoption of the Referee Report in Full

Legal Issues

  1. 1 ['Whether the Report of Janet McDonald dated 14 August 2019 should be adopted in whole under s 54A(3) of the Federal Court of Australia Act 1976 (Cth).' "Whether the referee's failure to apply a global discount was an error of principle or manifestly unreasonable." 'Whether the referee failed to consider quantum and proportionality together or otherwise adopted an unfair process.']

Ratio Decidendi

The Report was adopted in full because the referee considered the materials and submissions, applied a principled four-step process to allow, disallow or reduce items, assessed rates, quantum and whether work was reasonably and properly incurred, and was not required to apply a global discount where the detail available allowed more specific assessment. No error of principle, perversity or manifest unreasonableness was shown.

Court Disposition

The referee report was adopted in whole; the challenge by Fewin Pty Limited and the Coshott parties was rejected.

Orders

  • ['Pursuant to s 54A(3) of the Federal Court of Australia Act 1976 (Cth), the Report of Janet McDonald dated 14 August 2019 be adopted in whole (Referee Report).' 'The applicants and respondent are each severally to pay 50% of the Referee Report of Janet McDonald dated 14 August 2019 within 10 days, if not already...