Coshott v Parker & Collins as Executors of the Estate of the late Michael Petrovic Lenin (No. 2) [2015] NSWSC 1020

Supreme Court New South Wales

Medium Neutral Citation: Coshott v Parker & Collins as Executors of the Estate of the late Michael Petrovic Lenin (No. 2) [2015] NSWSC 1020 Hearing dates: 24 July 2015 Date of orders: 28 July 2015 Decision date: 28 July 2015 Jurisdiction: Common Law Before: Davies J Decision: 1. Declare that the Applicant, Ronald Coshott, is subrogated to the rights of the Defendants with respect to the judgment debt they have against the Plaintiff entered in these proceedings on 14 December 2012.

2. I order the Applicant to pay the Defendants' costs in the sum of $8,000 in respect of the Applicant's Notice of Motion. Catchwords: COSTS – where applicant only successful after amending relief sought and adducing further evidence – where respondent ceased to oppose the amended relief sought – respondent justified in opposing earlier relief sought – whether indemnity costs should be payable by respondent – whether gross sum costs order should be made Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Coshott v Parker & Collins as Executors of the Estate of the late Michael Petrovic Lenin [2015] NSWSC 998 Harrison v Schipp [2002] NSWCA 213; (2002) 54 NSWLR 738 Idoport Pty Lt v National Australia Bank [2007] NSWSC 23 In the matter of Palladium Consulting Pty Limited [2013] NSWSC 92 Sherborne Estate (No 2): Vanvalen v Neaves; Gilroy v Neaves [2005] NSWSC 1003; (2005) 65 NSWLR 268 Category: Costs Parties: Ljiljana Coshott (Plaintiff) Michelle Lena Parker (First Defendant) Christina Marie Collins (Second Defendant) Ronald Coshott (Applicant) Representation: Counsel: No appearance (Plaintiff) A Cornish (First and Second Defendants) R D Marshall (Applicant)