Vardas v Coshott [2017] NSWSC 29

Supreme Court New South Wales

Medium Neutral Citation: Vardas v Coshott [2017] NSWSC 29 Hearing dates: 30 January 2017 Date of orders: 06 February 2017 Decision date: 06 February 2017 Jurisdiction: Equity Before: Slattery J Decision: Judgment for the plaintiff. The Court declares the defendants are in breach of the Deed of Release by commencing and maintaining the costs assessment and restrains the Coshotts from taking any further steps in the costs assessment. Consequential issues of costs are reserved. Catchwords: CONTRACTS - Construction and Interpretation of Contracts – construction and interpretation of Deed of Release – where interlocutory costs orders made – where Deed of Release settled proceedings – where orders made by the Court giving effect to settlement terms in Deed of Release – where costs assessment application made in relation to interlocutory costs orders - whether costs assessment application falls within the meaning of "claim" in Deed of Release, so as to preclude further steps being taken in the costs assessment process. Legislation Cited: Uniform Procedure Rules 2005, r 42.7 Cases Cited: Electricity Generation Corporation v Woodside Energy Ltd [2014] HCA 7 Rodi v Gelonesi [2016] NSWCA 348 Category: Consequential orders (other than Costs) Parties: First Plaintiff: George John Vardas

First Defendant: Robert Gilbert Coshott Second Defendant: Ljiljana Coshott Third defendant: Chris Wall (in his capacity as Costs Assessor) Fourth Defendant: The Manager, Costs Assessment Representation: Counsel: