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Coshott v Parker (No 3) [2015] NSWSC 1195 — Restitution & Gross Sum Costs Order — Barrister AI

Coshott v Parker (No 3)

[2015] NSWSC 1195

Supreme Court of NSW

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Interrogate

Catchwords

1. Remedies
2. › Restitution
3. › Issue of Certificates relating to Costs Assessments and Costs Review under Legal Profession Act 2004
4. › Defendants compelled to pay for release of certificates relating to assessment
5. › Costs of assessment payable by the plaintiff
6. › Defendants entitled to restitution for payments made.
1. Costs
2. › Gross sum costs order
3. › s 98 Civil Procedure Act
4. › Likely that referral for costs assessment would lead to further litigation
5. › Desirable to make gross sum costs order in the interests of finality of litigation
6. › Adequate evidence as to amount of costs incurred to make order
7. › Defendants entitled to 70 per cent of the total costs incurred by them

Case Details

Citation[2015] NSWSC 1195

CourtNSWSC

JurisdictionNew South Wales

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Cited by9

2022Pesec v Consolidated Builders Ltd (No 7)ACTSC 244
2020KF Capital v DavisonNSWSC 1595
2020The Estate of Frances Kedesch Michell (No 2)NSWSC 1513
2020Estate of Theresa Katalinic; Vea & Katalinic v KatalinicNSWSC 805
and 5 more after sign-in

Relies on12

2015Penson v Titan National Pty Limited (No 2)NSWCA 120
2015Coshott v ParkerNSWSC 197
2013Weber v Aquaqueen International Pty Ltd; Aquaqueen International Pty Ltd v WeberNSWSC 1181
2013Bobb v Wombat Securities Pty Ltd & Ors (No 2)NSWSC 863
and 8 more after sign-in

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