COSHCOTT v DOWNS & SOUTHERN CROSS HOMES PTY LTD [1993] NSWCA 76

COSHCOTT v DOWNS & SOUTHERN CROSS HOMES PTY LTD [1993] NSWCA 76

Because Mr Coshcott was seriously delinquent in prosecuting the proceedings, having failed to give proper instructions to his solicitors and taking no steps himself, an indemnity costs order against him for the costs of the application (excluding one date) was justified.

Source-derived case information.

Parties
Plaintiff: Mr Coshcott; Respondent: Southern Cross Homes Pty Ltd; Judge: Judge Downs; Solicitor's Client: Ivanka Jermanis
Jurisdiction
Australia
Judgment Date
13 December 1993
Procedural Posture
Application / Court of Appeal — Determination of Application
Outcome
Application dismissed

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr Coshcott

Plaintiff

Southern Cross Homes Pty Ltd

Respondent

Judge Downs

Judge

Ivanka Jermanis

Solicitor's Client

Procedural Posture

Application / Court of Appeal — Determination of Application

Legal Issues

  1. 1 Whether the application by Mr Coshcott should be granted or dismissed
  2. 2 Whether indemnity costs should be ordered against Mr Coshcott for his delay in prosecuting the proceedings

Ratio Decidendi

Because Mr Coshcott was seriously delinquent in prosecuting the proceedings, having failed to give proper instructions to his solicitors and taking no steps himself, an indemnity costs order against him for the costs of the application (excluding one date) was justified.

Court Disposition

Application dismissed

Orders

  • Plaintiff, Mr Coshcott, to pay the respondent's costs of the application on an indemnity basis excluding the costs of 29 November 1993
  • Hearing to be expedited