Spencer v Coshott [2021] NSWCA 235

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Spencer v Coshott [2021] NSWCA 235 Hearing dates: 7 September 2021 Date of orders: 8 October 2021 Decision date: 08 October 2021 Before: Bell P at [1] Emmett AJA at [2] Simpson AJA at [14] Decision: 1. Leave granted to rely on the proposed amended summons provided to the Court on 7 September 2021; 2. The orders of the District Court of 19 February 2021 set aside; 3. The Certificates of the review panel of 17 July set aside; 4. The respondent pay the applicant's costs of the appeal to the District Court and of the application to this court; 5. Within seven days of the date of these reasons, the applicant file and serve any evidence on which he proposes to rely in support of the application that costs be quantified as a lump sum, and the quantum thereof, together with any submissions (not exceeding five pages) in support of such an application; 6. Within seven days thereafter, the respondent file and serve any evidence and submissions in reply. Catchwords: COSTS — Chorley exception — where party represented by incorporated legal practice of which he was the principal and sole director and shareholder — whether primary judge erred in denying solicitor applicant costs payable to incorporated legal practice — Bell Lawyers Pty Ltd v Pentelow JUDICIAL REVIEW — what constitutes "the record" for the purposes of error of law on the face of the record Legislation Cited: Civil Procedure Act 2005 (NSW) Legal Profession Uniform Application Act 2014 (NSW) Supreme Court Act 1970 (NSW), s 69 Supreme Court Rules 1970 (NSW) Cases Cited: Ahern v Aon Risk Services Australia Ltd [2021] NSWCA 166 Bell Lawyers Pty Ltd v Pentelow [2019] HCA 29; (2019) 372 ALR 555 Burrows v Macpherson & Kelley Lawyers (Sydney) Pty Ltd [2021] NSWCA 148 Cachia v Hanes (1994) 179 CLR 403; [1994] HCA 14 Coshott v Spencer [2016] NSWDC 43 Coshott v Spencer [2017] NSWCA 118 Coshott v Spencer [2018] HCATrans 81 Coshott v Spencer (High Court, Keane J, 11 September 2019, unrep) Craig v South Australia (1995) 184 CLR 163; [1995] HCA 58 Guss v Veenhuizen [No 2] (1976) 136 CLR 47; [1976] HCA 57 Hamilton v Whitehead (1988) 166 CLR 121; [1988] HCA 65 Hockey v Yelland (1984) 157 CLR 124; [1984] HCA 72 Keith Spencer v Ronald Coshott, unreported, District Court, 19 September 2021 Khera v Jones [2006] NSWCA 85 London Scottish Benefit Society v Chorley (1884) 13 QBD 872 McIlraith v Ilkin [2007] NSWSC 1052; McMahon v John Fairfax Publications Pty Ltd (No 8) [2014] NSWSC 673 Salomon v Salomon Ltd & Co Ltd [1897] AC 22 United Petroleum Australia Pty Ltd v Herbert Smith Freehills [2020] VSCA 15 Category: Principal judgment Parties: Keith Spencer (Applicant) Ronald Coshott (Respondent) Representation: Counsel: M Castle/A Bailey (Applicant) J O'Sullivan (Respondent)