NSW Caselaw
New South Wales Supreme Court
CITATION : Coshott v The Owners SP No 48892 [2008] NSWSC 854
HEARING DATE(S) : 12 May 2008
JUDGMENT DATE : 21 August 2008
JURISDICTION : Common Law
JUDGMENT OF : Adams J at 1
DECISION : Summons dismissed with costs. Liberty to the parties to apply on seven days' notice re costs.
CATCHWORDS : Unit levies - expenses of recovery can be claimed in subsequent proceedings. - Default judgment - money paid on garnishee order - judgment set aside - whether payment can be recovered - money had and received at common law - Local Court has jurisdiction to order repayment.
LEGISLATION CITED : Legal Profession Act 2004 Local Court Act 2007 s 39Strata Schemes Management Act 1996 s 80
CATEGORY : Principal judgment
Cook v Australian Postal Corp [1997] 597 FCA Coshott v the Owners of Strata Plan No 48892 [2006] NSWSC 308 CASES CITED : Coshott v Woollahra Municipal Council [2008] NSWCA 176 Farah Consructions Pty Limited v Say-Dee Pty Limited ([2007] HCA 22; (2007) 81 ALJR 1107 The Proprietors of Strata Plan 5399 v Feehan (unreported NSWSC 8 February 1996)
PARTIES : Robert Gilbert COSHOTT (Plaintiff) The Owners of Strata Plan No 48892 (Defendant)
FILE NUMBER(S) : SC 2007/15165
COUNSEL : Plaintiff in person Ms P Koroknay (Defendant)
SOLICITORS : Plaintiff unrepresented David Le Page (Defendant)
LOWER COURT JURISDICTION : Local Court
LOWER COURT FILE NUMBER(S) : 4975 of 2006
LOWER COURT JUDICIAL OFFICER : Reiss LCM
LOWER COURT DATE OF DECISION : 14 September 2007
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