Cufurovic v Coshott [2009] NSWSC 372

Cufurovic v Coshott [2009] NSWSC 372

Costs incurred before bankruptcy, for which liability merged into judgment and was subsequently discharged by operation of bankruptcy law, are not capable of assessment under statutory procedure; decision of costs assessor made in purported exercise of jurisdiction where none existed amounts to jurisdictional error, entitling plaintiff to administrative law relief.

Jurisdiction
Australia
Judgment Date
14 May 2009
Procedural Posture
Judicial Review/administrative Law Appeal / Final Judgment
Outcome
Application granted; determination of costs assessor quashed; permanent injunction preventing recovery of costs for specified period; costs awarded to plaintiff.
Legal Topics
['assessment of Costs' 'effect of Bankruptcy Discharge' 'statutory Costs Assessment Procedure' 'jurisdictional Error']
['costs' 'bankruptcy' 'administrative Law'] ['assessment of Costs' 'effect of Bankruptcy Discharge' 'statutory Costs Assessment Procedure' 'jurisdictional Error']

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Procedural Posture

Judicial Review/administrative Law Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether costs incurred prior to bankruptcy are capable of statutory assessment after discharge' 'Whether administrative review/relief is available against costs assessor determination following bankruptcy discharge' 'Whether privative clause bars relief for jurisdictional error']

Ratio Decidendi

Costs incurred before bankruptcy, for which liability merged into judgment and was subsequently discharged by operation of bankruptcy law, are not capable of assessment under statutory procedure; decision of costs assessor made in purported exercise of jurisdiction where none existed amounts to jurisdictional error, entitling plaintiff to administrative law relief.

Court Disposition

Application granted; determination of costs assessor quashed; permanent injunction preventing recovery of costs for specified period; costs awarded to plaintiff.

Orders

  • ['An order in the nature of certiorari quashing the determination of the costs assessor in file 2007/469 dated 27 March 2008.' 'An order permanently restraining the defendant from seeking to recover, by any means, any costs from the plaintiff for work done in the period 1985 – 1988.' "The defendant to pay the...