Re Coshott and Coshott; Principal Strategic Options Pty Limited v Coshott [2003] FCA 932

Re Coshott and Coshott; Principal Strategic Options Pty Limited v Coshott [2003] FCA 932

Although Strategic Options' notice of offer expressed a time for acceptance that was one day less than O 23 r 5(3) required, O 23 was not a code and did not limit the Court's wide costs discretion under s 43. The offer of $15,000.00 exclusive of interest and costs was a serious and sensible offer that exceeded the compensation and interest ultimately ordered, and Mr Coshott acted unreasonably in not accepting it. It was therefore appropriate for Strategic Options to pay Mr Coshott's costs up to and including 4 March 2002 and for Mr Coshott to pay Strategic Options' costs from 5 March 2002.

Jurisdiction
Australia
Judgment Date
04 September 2003
Procedural Posture
Assessment of Compensation Payable Following an Undertaking as to Damages / Determination of Costs Orders After Assessment of Compensation
Outcome
Costs orders made following agreed compensation order for Mr Coshott; Strategic Options succeeded in obtaining costs from Mr Coshott after 4 March 2002 and from Mrs Coshott in respect of her notice of motion.
Legal Topics
['undertaking as to Damages' 'offer of Compromise' 'federal Court Rules Order 23' 'costs Discretion' 'calderbank Letters']
['costs' 'civil Procedure'] ['undertaking as to Damages' 'offer of Compromise' 'federal Court Rules Order 23' 'costs Discretion' 'calderbank Letters']

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Procedural Posture

Assessment of Compensation Payable Following an Undertaking as to Damages / Determination of Costs Orders After Assessment of Compensation

Legal Issues

  1. 1 ["What costs order should be made in respect of Mr Coshott's notice of motion filed on 28 May 2001." "Whether Strategic Options' offer of compromise complied with O 23 of the Federal Court Rules." "Whether O 23 of the Federal Court Rules is a code limiting the Court's discretion to award costs under s 43 of the Federal Court of Australia Act 1976 (Cth)." "Whether Mr Coshott acted unreasonably in not accepting Strategic Options' offer of compromise."]

Ratio Decidendi

Although Strategic Options' notice of offer expressed a time for acceptance that was one day less than O 23 r 5(3) required, O 23 was not a code and did not limit the Court's wide costs discretion under s 43. The offer of $15,000.00 exclusive of interest and costs was a serious and sensible offer that exceeded the compensation and interest ultimately ordered, and Mr Coshott acted unreasonably in not accepting it. It was therefore appropriate for Strategic Options to pay Mr Coshott's costs up to and including 4 March 2002 and for Mr Coshott to pay Strategic Options' costs from 5 March 2002.

Court Disposition

Costs orders made following agreed compensation order for Mr Coshott; Strategic Options succeeded in obtaining costs from Mr Coshott after 4 March 2002 and from Mrs Coshott in respect of her notice of motion.

Orders

  • ['Principal Strategic Options pay Mr R Coshott the sum of $6 119.66 plus interest of $1 293.85.' "Principal Strategic Options pay Mr R Coshott's costs of and incidental to the notice of motion filed on 28 May 2001 up to and including 4 March 2002." "Mr R Coshott to pay Principal Strategic Options' costs of and...