Coshott v Shipton Lodge Cobbity Pty Ltd [2004] NSWSC 353

Coshott v Shipton Lodge Cobbity Pty Ltd [2004] NSWSC 353

The summons filed by Coshott is procedurally flawed as it included grounds and prayers for relief not properly before the Court without leave; substantial parts must be struck out; Coshott is permitted to file and serve an amended summons. Security for costs is not warranted as there is no evidence of Respondent's impecuniosity or other sufficient basis.

Jurisdiction
Australia
Judgment Date
30 April 2004
Procedural Posture
Appeal / Interlocutory Application on Notice of Motion
Outcome
Amended summons to be filed and served; security for costs declined; short minutes of orders to be brought in
Legal Topics
["appeal Against Magistrate's Judgment" 'flawed Summons' 'abuse of Process' 'security for Costs']
['civil Procedure'] ["appeal Against Magistrate's Judgment" 'flawed Summons' 'abuse of Process' 'security for Costs']

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

Appeal / Interlocutory Application on Notice of Motion

Legal Issues

  1. 1 ['Whether the summons filed by Coshott is an abuse of process' 'Whether the grounds of appeal require leave under s69 of Local Courts (Civil Claims) Act 1970' 'Compliance with Supreme Court procedural rules (SCR Part 51A, Form 6, etc.)' 'Whether security for costs should be ordered']

Ratio Decidendi

The summons filed by Coshott is procedurally flawed as it included grounds and prayers for relief not properly before the Court without leave; substantial parts must be struck out; Coshott is permitted to file and serve an amended summons. Security for costs is not warranted as there is no evidence of Respondent's impecuniosity or other sufficient basis.

Court Disposition

Amended summons to be filed and served; security for costs declined; short minutes of orders to be brought in

Orders

  • ['Prayers for relief numbered 1, 3, and 4 in the summons struck out' "Appended 'Grounds of Appeal' statement struck out" 'Leave granted to Coshott to file and serve an amended summons' 'Decline to order that Coshott provide security for the costs of the appeal' 'Parties required to bring in short minutes of orders']