Coshott v Parker [2015] NSWSC 197

Supreme Court New South Wales

Medium Neutral Citation: Coshott v Parker [2015] NSWSC 197 Hearing dates: 5 February 2015 Date of orders: 12 March 2015 Decision date: 12 March 2015 Jurisdiction: Common Law Before: Hall J Decision: Plaintiff's Notice of Motion filed 15 October 2014 dismissed. Catchwords: CIVIL PROCEDURE – Costs assessment – Scheme for costs assessment in Legal Profession Act 2004 – Determination of cost assessor referred to Review Panel –Certificate of Determination of Costs issued by costs assessor and filed in court – whether filing of Certificate impermissible while review taking place – whether filing of Certificate while review taking place amounted to an illegality or procedural irregularity – whether filing of certificate should be set aside.

STATUTORY INTERPRETATION – Legal Profession Act 2004 – Effect on Certificate filed under s 368(5) of referral to Review Panel under Subdivision 5 – Relationship between s 377(1) and filing of certificate under s 368(5) – Whether s 377(1) prohibits or qualifies the filing of a certificate under s 368(5).

CONSTITUTIONAL LAW – Principle in Kable v DPP – whether costs assessment scheme provided for in s 368(5) Legal Profession Act 2004 compromises institutional integrity of Chapter III Courts – whether costs assessment scheme incompatible with exercise by Supreme Court of New South Wales of federal judicial power pursuant to Ch III Constitution – Constitutional validity of s 368(5) Legal Profession Act – whether s 368(5) a valid legislative enactment of New South Wales Parliament. Legislation Cited: Civil Procedure Act 2005 Legal Profession Act 2004 Cases Cited: Attorney-General (NT) v Emmerson (2014) 307 ALR 174 Kable v Director of Public Prosecutions (NSW) (1996) 189 CLR 51 Category: Principal judgment Parties: Ljiljana Coshott (Plaintiff) Michelle Lena Parker (First Defendant) Christina Marie Collins (Second Defendant) Attorney-General for the State of New South Wales (Intervener) Representation: Counsel: O Jones (Plaintiff) M Castle; S J Roulstone (Defendants) S Robertson (Intervener)