Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Coshott v Crouch [2017] FCAFC 135 Appeal from: Coshott v Coshott [2016] FCA 966
File number: NSD 39 of 2017
Judges: ALLSOP CJ, KERR AND FARRELL JJ
Date of judgment: 18 August 2017
Catchwords: PRACTICE AND PROCEDURE – appeal against de novo review by primary judge of Registrar's determination of remuneration of statutory trustees for sale – consideration of particular trustee recompense order in effect – scope of trustee recompense orders – whether primary judge's methodology in error and shifted onus of proof – where appellants made submissions not made before the primary judge – appeal dismissed with costs – indemnity costs awarded
Legislation: Federal Court of Australia Act 1976 (Cth), ss 23, 35A, 37M, 37N Judiciary Act 1903 (Cth), s 79 Conveyancing Act 1919 (NSW), Pt 4 Div 6, s 66G
Cases cited: Australian Securities and Investments Commission v Letten (No 25) [2016] FCA 1127 Coshott v Coshott [2013] FCA 907 Coshott v Coshott [2016] FCA 966 Coshott v Prentice [2014] FCAFC 88; 221 FCR 450 Coulton v Holcombe [1986] HCA 33; 162 CLR 1 Templeton v Australian Securities and Investments Commission [2015] FCAFC 137; 108 ACSR 545
Date of hearing: 18 August 2017
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