Coshott v Spencer [2022] NSWSC 1175

Coshott v Spencer [2022] NSWSC 1175

Because the plaintiff had died and no representative, executor, administrator or other appropriate person had been identified to represent or be joined for his estate, it was inappropriate to determine the defendant's application for a gross sum costs order at that time; the proceedings were stood over with liberty to restore if an appropriate party is identified.

Jurisdiction
Australia
Judgment Date
02 September 2022
Procedural Posture
Application for Gross Sum Costs Order / On the Papers After Dismissal of Appeal and Costs Order
Outcome
Proceedings stood over; defendant's application not dealt with because the plaintiff had died and the estate was unrepresented.
Legal Topics
['gross Sum Costs Order' 'death of a Party' 'unrepresented Deceased Estate' 'survival of Proceedings' 'joinder or Substitution After Death']
['civil Procedure' 'costs' 'probate and Administration'] ['gross Sum Costs Order' 'death of a Party' 'unrepresented Deceased Estate' 'survival of Proceedings' 'joinder or Substitution After Death']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Gross Sum Costs Order / On the Papers After Dismissal of Appeal and Costs Order

Legal Issues

  1. 1 ["Whether the defendant's application for a gross sum costs order should be dealt with where the plaintiff has died and no representative, executor or administrator of the estate has been appointed." "Whether proceedings and the defendant's costs entitlement survive the plaintiff's death."]

Ratio Decidendi

Because the plaintiff had died and no representative, executor, administrator or other appropriate person had been identified to represent or be joined for his estate, it was inappropriate to determine the defendant's application for a gross sum costs order at that time; the proceedings were stood over with liberty to restore if an appropriate party is identified.

Court Disposition

Proceedings stood over; defendant's application not dealt with because the plaintiff had died and the estate was unrepresented.

Orders

  • ['Note that the plaintiff has died.' "Note that in the absence of any representative of the deceased plaintiff, or the Executors or Administrators of his Estate being appointed, it is inappropriate to deal with the defendant's application." 'Stand the proceedings over to 30 June 2023.' 'Grant the parties liberty to...