Principal Strategic Options Pty Limited v Coshott [2003] FCA 736

Principal Strategic Options Pty Limited v Coshott [2003] FCA 736

Compensation under an undertaking as to damages consequent upon an interlocutory order is only payable for loss caused by the operation of the order itself, not by the general fact of litigation; specific claimed losses, such as FID and additional interest paid to creditors, may be recoverable if causally linked to the order, but not costs of litigation or losses not so caused.

Parties
Applicant: Principal Strategic Options Pty Limited; Respondent: Robert Gilbert Coshott
Jurisdiction
Australia
Judgment Date
21 July 2003
Procedural Posture
Application for Compensation Under Undertaking as to Damages / Post Judgment, Assessment of Compensation
Outcome
Mr Coshott is entitled to compensation; Mrs Coshott's application is dismissed.
Legal Topics
Undertaking as to Damages, Assessment of Compensation, Interlocutory Orders
Practice and Procedure Bankruptcy Undertaking as to Damages Assessment of Compensation Interlocutory Orders

Case Brief

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Parties

Principal Strategic Options Pty Limited

Applicant

Robert Gilbert Coshott

Respondent

Procedural Posture

Application for Compensation Under Undertaking as to Damages / Post Judgment, Assessment of Compensation

Legal Issues

  1. 1 What compensation is justly payable to persons adversely affected by an interlocutory order made upon an undertaking as to damages?
  2. 2 What losses claimed by Mr and Mrs Coshott are properly attributable to the making of the interlocutory order rather than to the fact of litigation?

Ratio Decidendi

Compensation under an undertaking as to damages consequent upon an interlocutory order is only payable for loss caused by the operation of the order itself, not by the general fact of litigation; specific claimed losses, such as FID and additional interest paid to creditors, may be recoverable if causally linked to the order, but not costs of litigation or losses not so caused.

Court Disposition

Mr Coshott is entitled to compensation; Mrs Coshott's application is dismissed.

Orders

  • Mr Coshott is to be compensated in the sum of $6,119.66 plus interest from 10 May 2001 to the date of judgment at the rate applied by the Supreme Court of NSW.
  • Mrs Coshott's application for compensation is dismissed.