Coshott v Spencer [2022] NSWSC 824

Supreme Court New South Wales

Medium Neutral Citation: Coshott v Spencer [2022] NSWSC 824 Hearing dates: 11 June 2021 Date of orders: 24 June 2022 Decision date: 24 June 2022 Jurisdiction: Common Law Before: Garling J Decision: (1) Summons commencing an Appeal filed 26 October 2020 is dismissed. (2) Plaintiff to pay the defendant's costs. (3) If either party seeks an order different from Order (2), then any submission seeking such order together with any affidavit in support is to be filed and served within 21 days of this judgment. Any submission and affidavit in opposition to such order is to be filed and served within a further 21 days. (4) Such further determination as is required to be made will be made on the papers. Catchwords: JUDGMENTS AND ORDERS — amending, varying and setting aside — correction under slip rule — overriding purpose of Civil Procedure Act 2005 s 56 Legislation Cited: Civil Procedure Act 2005 s 56 Legal Profession Act 1987 s 208J Legal Profession Uniform Application Act 2014 s 71(3) Local Court Act 2007 ss 39, 40, 41 Uniform Civil Procedures Rules 2005 rr 36.16, 36.17 Cases Cited: Coshott v Barry (2015) 91 NSWLR 1; [2015] NSWCA 257 Frumar v The Owners of Strata Plan 36957 [2010] NSWCA 172 Texts Cited: Not Applicable Category: Principal judgment Parties: Ronald Coshott (P) Keith Spencer (D) Representation: Counsel: J O'Sullivan (P) J Johnson (D)