Re Coshott and Coshott; Principal Strategic Options Pty Limited v Coshott [2003] FCA 932

FEDERAL COURT OF AUSTRALIA

Re Coshott and Coshott; Principal Strategic Options Pty Limited v Coshott [2003] FCA 932 COSTS – assessment of compensation to be paid following the giving to the Court an undertaking as to damages – offer of compromise purportedly made pursuant to O 23 of the Federal Court Rules – whether the offer of compromise complies with O 23 – O 23 not a code - the exercise of the Court's discretion to award costs where the offer of compromise exceeds the amount of compensation awarded by the Court Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules O 3 r 2, O 7 r 4(3)(c), O 23 Re Coshott and Coshott; Principal Strategic Options Pty Limited v Coshott [2003] FCA 736 cited Alpine Hardwood (Aust) Pty Ltd v Hardys Pty Ltd (No 2) [2002] FCA 224 referred to RE COSHOTT AND COSHOTT; PRINCIPAL STRATEGIC OPTIONS PTY LIMITED v ROBERT GILBERT COSHOTT N 7559 of 2000 BRANSON J 4 SEPTEMBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 7559 of 2000

IN THE MATTER OF AN ASSESSMENT OF COMPENSATION PAYABLE TO ROBERT GILBERT COSHOTT AND TO LJILJANA COSHOTT

BETWEEN: PRINCIPAL STRATEGIC OPTIONS PTY LIMITED

APPLICANT

AND: ROBERT GILBERT COSHOTT

RESPONDENT

JUDGE: BRANSON J

DATE OF ORDER: 31 JULY 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Principal Strategic Options pay Mr R Coshott the sum of $6 119.66 plus interest of $1 293.85. 2. Principal Strategic Options pay Mr R Coshott's costs of and incidental to the notice of motion filed on 28 May 2001 up to and including 4 March 2002. 3. Mr R Coshott to pay Principal Strategic Options' costs of and incidental to Mr R Coshott's notice of motion filed on 28 May 2001 from 5 March 2002. 4. Mrs L Coshott to pay Principal Strategic Options' costs of and incidental to the notice of motion filed on 5 September 2002.