Spencer v Coshott (No 2) [2021] NSWCA 266

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Spencer v Coshott (No 2) [2021] NSWCA 266 Hearing dates: On the papers Date of orders: 25 November 2021 Decision date: 25 November 2021 Before: Bell P; Emmett AJA; Simpson AJA Decision: Pursuant to s 98(4) of the Civil Procedure Act 2005 the respondent (Ronald Coshott) pay to the applicant (Keith Spencer): 1. in relation to the statutory appeal to the District Court, costs in the gross sum of $23,392.78; 2. in relation to the judicial review proceedings in this Court, costs in the gross sum of $22,395.07; 3. relation to the application for gross sum costs, costs in the sum of $3,002.48. Catchwords: COSTS – gross sum costs – where administration of justice served by bringing litigation to an end Legislation Cited: Civil Procedure Act 2005 (NSW), s 98(4)(c) Legal Profession Uniform Law Application Act 2014 (NSW), s 89 Supreme Court Act 1970 (NSW), s 69 Cases Cited: eInduct Systems Pty Ltd v 3D Safety Services Pty Ltd (No 2) [2015] NSWCA 422 Spencer v Coshott [2021] NSWCA 235 Category: Costs Parties: Keith Spencer (Applicant) Ronald Coshott (Respondent) Representation: Counsel: M Castle/A Bailey (Applicant) J O'Sullivan (Respondent)

Solicitors: Nexus Lawyers (Applicant) D Iacono, & Legal (Respondent) File Number(s): 2021/142329 Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Civil Date of Decision: 19 February 2021 Before: Curtis ADCJ File Number(s): 2020/293294