Spencer v Coshott [2022] NSWSC 610

Supreme Court New South Wales

Medium Neutral Citation: Spencer v Coshott [2022] NSWSC 610 Hearing dates: 17 November 2021 Date of orders: 17 May 2022 Decision date: 17 May 2022 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court Orders: (1) The defendants notice of motion filed 23 March 2021 is dismissed. (2) The defendant is to pay the plaintiff's costs. Catchwords: CIVIL PROCEDURE – Notice of motion seeking to set aside Judgment – Whether registration of certificates of costs assessors apply to the Taxation Officer of the High Court – Whether Judgment was entered Regularly – Notice of motion dismissed Legislation Cited: Civil Procedure Act 2005 (NSW) s 133 Judiciary Act 1903 (Cth) ss 44, 77M Legal Profession Uniform Law Application Act 2014 (NSW) Pt 7 Service and Execution of Process Act 1992 (Cth) Uniform Civil Procedure Rules 2005 (NSW) rr 29.7(1), 36.15, 36.16 Cases Cited: Aristocrat Technologies Australia Pty Ltd v Allam [2016] HCA 3; 90 ALJR 370 Frumar v The Owners of Strata Plan 36957 [2010] NSWCA 172 Southern Han Breakfast Point Pty Ltd (In Liquidation) v Lewence Construction Pty Ltd & Ors [2017] HCA 39; 260 CLR 340 Category: Procedural rulings Parties: Keith Spencer (Plaintiff) Ronald Coshott (Defendant) Representation: Counsel: J. Johnson (Plaintiff – Ceased to act before 31 March 2022) P. Gledson (Plaintiff) N. Simone (Defendant – Ceased to act before 31 March 2022)