Coshott v Barry [2016] NSWCA 169

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Coshott v Barry [2016] NSWCA 169 Hearing dates: 11 July 2016 Decision date: 15 July 2016 Before: Payne JA Decision: (1) The decision of the Registrar made on 4 May 2016 dismissing proceedings commenced by Mrs Coshott against Stephen Michael Barry and Martin Pearce Board, under r 13.6 of the Uniform Civil Procedure Rules 2005 (NSW) is set aside; (2) Mrs Coshott pay the costs thrown away of the application to show cause heard on 4 May 2016 and this application; (3) Mrs Coshott pay an amount of $22,000 into Court within 28 days of this judgment; (4) If that amount is not paid into Court within 28 days of this judgment, the proceedings are stayed; (5) The matter be referred to the Registrar for directions at 9.00am on Monday, 18 July 2016. Catchwords: PRACTICE AND PROCEDURE – Notice of Motion – order sought setting aside decision of the Registrar to dismiss proceedings – costs dispute Legislation Cited: Civil Procedure Act 2005 (NSW) s 3 Legal Profession Act 2004 (NSW) s 4 Legal Profession Uniform Law 2015 (NSW) Uniform Civil Procedure Rules 2005 (NSW) rr 13.6, 36.16 and 49.19 Cases Cited: eInduct Systems Pty Ltd v 3D Safety Services Pty Ltd [2015] NSWCA 284; 90 NSWLR 451 Guss v Veenhuizen (No 2) (1976) 136 CLR 47 Wang v Farkas [2014] NSWCA 29; 85 NSWLR 390 Wilkie v Brown [2016] NSWCA 128 Category: Procedural and other rulings Parties: Ljiljana Coshott (applicant) Stephen Michael Barry (first respondent) Martin Pearce Board (second respondent) Representation: Counsel: Mr Wilson SC / Mr Spadijer (applicant) Ms Castle (respondents)