Coshott v Prentice (No 2) [2017] FCA 394

FEDERAL COURT OF AUSTRALIA

Coshott v Prentice (No 2) [2017] FCA 394 File number(s): NSD 786 of 2015

Judge(s): JAGOT J

Date of judgment: 7 April 2017

Catchwords: TAXATION – application for review of taxation of costs - construction of r 40.27 of Federal Court Rules 2011 (Cth) – whether taxing officer erred by disallowing costs where no objection taken – whether taxing officer erred in disallowing GST on disbursements

Legislation: Federal Court Rules 2011 (Cth) rr 40.25, 40.27, 40.34

Cases cited: Cassimatis v Australian Securities and Investment Commission [2016] FCA 131; (2016) 334 ALR 350 Templeton v Australian Securities and Investments Commission [2015] FCAFC 137; (2015) 108 ACSR 545

Date of hearing: 7 April 2017

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Category: Catchwords

Number of paragraphs: 22

Counsel for the Appellants: Mr O Jones

Solicitor for the Appellants: Comino Prassas Solicitors

Counsel for the Respondent: Mr J Johnson

Solicitor for the Respondent: O'Neill Partners Commercial Lawyers Incorporating Sally Nash & Co

ORDERS NSD 786 of 2015

BETWEEN: RONALD MICHAEL COSHOTT First Appellant

FEWIN PTY LIMITED ACN 051 132 453 Second Appellant

AND: MICHAEL WILLIAM PRENTICE Respondent

JUDGE: JAGOT J DATE OF ORDER: 7 APRIL 2017

THE COURT ORDERS THAT:

1. The applications for review of the taxation of costs be dismissed. 2. The applicants pay the costs of the respondent. 3. Liberty be granted to the respondent to apply for a lump sum costs order within seven days. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.