Coshott v Commonwealth Bank of Australia [2020] NSWCA 279

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Coshott v Commonwealth Bank of Australia [2020] NSWCA 279 Hearing dates: 3 November 2020 Date of orders: 3 November 2020 Decision date: 05 November 2020 Before: Gleeson JA at [1] Simpson AJA at [47] Decision: Proceedings 2020/258148 (1) Extend the time for filing of the summons seeking leave to appeal to 4 September 2020. (2) That Robert Gilbert Coshott be joined as the second applicant to the summons seeking leave to appeal. (3) Grant leave to the applicants to file an amended summons seeking leave to appeal, in the form of the draft annexed to the applicants' submissions filed 29 October 2020. (4) The amended summons seeking leave to appeal be dismissed. Proceedings 2020/138632 (5) Dismiss the appeal purportedly commenced by notice of appeal filed 30 July 2020 as incompetent. (6) Make no order as to costs of the appeal or the notice of motion filed 9 October 2020. Catchwords: APPEALS – leave – where proceedings summarily dismissed – whether party using employed solicitor is entitled to recover costs – no question of principle – whether declaration sought hypothetical – unchallenged factual findings – whether injustice if leave refused Legislation Cited: Bankruptcy Act 1966 (Cth), ss 149, 149A, 153 Supreme Court Act 1970 (NSW), s 101(2)(e) Uniform Civil Procedure Rules 2005 (NSW), r 13.4, 51.41 Cases Cited: Ainsworth v Criminal Justice Commission (1992) 175 CLR 564; [1992] HCA 10 Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Bell Lawyers Pty Ltd v Pentelow [2019] HCA 29; (2019) 93 ALJR 1007 Ekes v Commonwealth Bank of Australia [2014] NSWCA 336 Jaycar Pty Ltd v Lombardo [2011] NSWCA 284 JN Taylor Holdings Ltd (in liq) v Bond (1993) 59 SASR 432 London Scottish Benefit Society v Chorley (1884) 13 QBD 872 Macatangay v State of New South Wales (No 2) [2009] NSWCA 272 Secretary, Department of Family and Community Services v Smith (2017) 95 NSWLR 597; [2017] NSWCA 206 Category: Principal judgment Parties: Ljiljana Coshott (First applicant) Robert Coshott (Second applicant) Commonwealth Bank of Australia (Respondent) Representation: Counsel: R Coshott (Applicant-in-person) M Hall (Respondent)