Coshott v Shipton Lodge Cobbitty Pty Ltd [2008] FCAFC 159

Coshott v Shipton Lodge Cobbitty Pty Ltd [2008] FCAFC 159

The Federal Magistrate did not err in concluding that the Local Magistrate was not sitting in the Small Claims Division, given the amount of the claim exceeded $10,000 and the certificate evidence. Therefore, the Magistrate had power to make the costs order and the appeal fails.

Parties
Appellant: Robert Gilbert Coshott; Respondent: Shipton Lodge Cobbitty Pty Ltd
Jurisdiction
Australia
Judgment Date
05 August 2008
Procedural Posture
Appeal / Judgment on Appeal From Federal Magistrates Court
Outcome
Appeal dismissed with costs.
Legal Topics
Bankruptcy Notice, Costs Order, Jurisdiction of Small Claims Division
Bankruptcy Civil Procedure Bankruptcy Notice Costs Order Jurisdiction of Small Claims Division

Case Brief

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Parties

Robert Gilbert Coshott

Appellant

Shipton Lodge Cobbitty Pty Ltd

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Federal Magistrates Court

Legal Issues

  1. 1 Whether the Local Magistrate had power to order costs against the appellant under the Local Courts (Civil Claims) Act 1970 (NSW) and associated rules
  2. 2 Whether the original proceedings were in the Small Claims Division, affecting the costs order

Ratio Decidendi

The Federal Magistrate did not err in concluding that the Local Magistrate was not sitting in the Small Claims Division, given the amount of the claim exceeded $10,000 and the certificate evidence. Therefore, the Magistrate had power to make the costs order and the appeal fails.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal be dismissed with costs.