Coshott v Parker (No 3) [2015] NSWSC 1195

Supreme Court New South Wales

Medium Neutral Citation: Coshott v Parker (No 3) [2015] NSWSC 1195 Hearing dates: 1 May 2015 Decision date: 25 August 2015 Jurisdiction: Common Law Before: Hall J Decision: (1) The plaintiff is to pay the defendants the sum of $3264.65.

(2) The plaintiff is to pay the defendants $34 335.30 as a gross sum costs order under s 98(4) Civil Procedure Act in relation the proceedings specified in orders 3-4 of the defendants' Amended Notice of Motion filed 27 March 2015.

(3) The plaintiff is to pay interest on the sums awarded in orders (1) and (2) above. The defendants are to provide to my Associate calculations as to the amount of interest payable in relation to each sum by 4pm Wednesday 2 September 2015. I grant leave to the plaintiff to reply to the calculations if necessary by 4pm Tuesday 8 September 2015. As noted above, orders as to interest are to be made in chambers following receipt of final calculations as to interest made by the parties, or as may be agreed by them. Catchwords: REMEDIES – Restitution – Issue of Certificates relating to Costs Assessments and Costs Review under Legal Profession Act 2004 – Defendants compelled to pay for release of certificates relating to assessment – Costs of assessment payable by the plaintiff – Defendants entitled to restitution for payments made. COSTS – Gross sum costs order – s 98 Civil Procedure Act – Likely that referral for costs assessment would lead to further litigation – Desirable to make gross sum costs order in the interests of finality of litigation – Adequate evidence as to amount of costs incurred to make order – Defendants entitled to 70 per cent of the total costs incurred by them Legislation Cited: Civil Procedure Act 2005, s 100 Legal Profession Act 2004 Cases Cited: Bobb v Wombat Securities Pty Ltd (No 2) [2013] NSWSC 863 Coshott v Parker [2015] NSWSC 197 Dubow v Fitness First Australia Pty Ltd (No 2) [2012] NSWSC 961 Harrison v Schipp [2002] NSWCA 213; 54 NSWLR 738 In the matter of Palladium Consulting Pty Limited [2013] NSWSC 92 Kassem and Secatore as Joint Liquidators of Pan Pacific Age Care Services Pty Ltd. (in liq) and Anor v Koutavas [2012] NSWSC 236 Penson v Titan National (No 2) [2015] NSWCA 120 Simone Starr-Diamond v Talus Diamond (No 4) [2013] NSWSC 811 Weber v Aquaqueen International Pty Ltd [2013] NSWSC 1181 Woolworths Limited v Strong (No 2) [2011] NSWCA 72; 80 NSWLR 445 Texts Cited: Goff and Jones, The Law of Restitution (5th ed, 1998) Category: Costs Parties: Ljiljana Coshott (Plaintiff) Michelle Lena Parker (First Defendant) Christina Marie Collins (Second Defendant) Representation: Counsel: O Jones (Plaintiff) M Castle; AD Bailey (Defendants)