Coshott v Coshott [2016] FCA 966

Coshott v Coshott [2016] FCA 966

The Registrar's determination of $761,810.53 for the Trustees for Sale's remuneration, costs, and expenses, made pursuant to court orders, should be confirmed as reasonable; the applicants' challenge failed due to (a) proper scope and purpose of the original and varied court orders, (b) lack of substantive participation or evidence by the applicants at the appropriate stage, and (c) no demonstrated error or excess in the Registrar's determination. There was no jurisdictional flaw in the power to award such remuneration under the relevant statutes as applied.

Parties
Applicant: Robert Gilbert Coshott; Applicant: Ljiljana Coshott; Respondent: Shabnam Amirbeaggi; Respondent: Nicholas Crouch
Jurisdiction
Australia
Judgment Date
21 December 2016
Procedural Posture
Interlocutory Application / De Novo Review of Registrar's Determination Under S 35 A(5) of the Federal Court of Australia Act 1976 (cth)
Outcome
Application dismissed with costs.
Legal Topics
Review of Registrar's Determination, Trustees for Sale Remuneration, Statutory Powers Under Conveyancing Act 1919 (nsw), Application of Surrogate Federal Law, Court's Power to Award Costs and Remuneration
Practice and Procedure Insolvency Property Law Review of Registrar's Determination Trustees for Sale Remuneration Statutory Powers Under Conveyancing Act 1919 (nsw) Application of Surrogate Federal Law Court's Power to Award Costs and Remuneration

Case Brief

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Parties

Robert Gilbert Coshott

Applicant

Ljiljana Coshott

Applicant

Shabnam Amirbeaggi

Respondent

Nicholas Crouch

Respondent

Procedural Posture

Interlocutory Application / De Novo Review of Registrar's Determination Under S 35 A(5) of the Federal Court of Australia Act 1976 (cth)

Legal Issues

  1. 1 Whether the Registrar's determination of remuneration payable to statutory Trustees for Sale should be set aside on review under s 35A(5) Federal Court of Australia Act 1976 (Cth)
  2. 2 Whether the court's prior orders validly delegated power to the Registrar for such determination
  3. 3 Whether the power to award remuneration of trustees exists and was validly exercised under the statutory framework

Ratio Decidendi

The Registrar's determination of $761,810.53 for the Trustees for Sale's remuneration, costs, and expenses, made pursuant to court orders, should be confirmed as reasonable; the applicants' challenge failed due to (a) proper scope and purpose of the original and varied court orders, (b) lack of substantive participation or evidence by the applicants at the appropriate stage, and (c) no demonstrated error or excess in the Registrar's determination. There was no jurisdictional flaw in the power to award such remuneration under the relevant statutes as applied.

Court Disposition

Application dismissed with costs.

Orders

  • The interlocutory application by Robert Coshott and Ljiljana Coshott dated 20 May 2016 and filed on 25 May 2016 be dismissed with costs.
  • The determination made by the Registrar on 16 May 2016 be confirmed, subject to any updating of the amounts involved as provided by further orders.