NSW Caselaw
New South Wales Supreme Court
CITATION : Cufurovic v Coshott [2009] NSWSC 372
HEARING DATE(S) : 17/12/08
JUDGMENT DATE : 14 May 2009
JURISDICTION : Common Law
JUDGMENT OF : Hislop J at 1
I make the following orders: DECISION : 1. An order in the nature of certiorari quashing the determination of the costs assessor in file 2007/469 dated 27 March 2008. 2. An order permanently restraining the defendant from seeking to recover, by any means, any costs from the plaintiff for work done in the period 1985 – 1988. 3. The defendant to pay the plaintiff's costs.
CATCHWORDS : COSTS - assessment - costs incurred prior to bankruptcy - effect of discharge from bankruptcy on availability of statutory costs assessment procedure
Bankruptcy Act 1966 (Cth) LEGISLATION CITED : Courts and Crimes Legislation Amendment Act 2008 Legal Profession Act 1987 Legal Profession Act 2004
CATEGORY : Principal judgment
Batistatos v Roads and Traffic Authority (NSW) [2006] HCA 27; 80 ALJR 1100 Blair v Curran (1939) 62 CLR 464 Clyne v The Deputy Commissioner of Taxation (1984) 154 CLR 589 Craig v South Australia (1995) 184 CLR 163 CASES CITED : CSR Ltd v Eddy (2008) 70 NSWLR 725 Currabubula v State Bank of NSW [2000] NSWSC 232 Lenin v Coshott [2007] NSWSC 630 Minerals Corp Ltd v Abbott [2004] NSWSC 246 Plaintiff S157/2002 v Commonwealth of Australia (2003) CLR 476
PARTIES : Rubija Cufurovic (Plaintiff) Robert Gilbert Coshott (Defendant)
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