Coshott v Barry

In *Coshott v Barry*, the Court of Appeal of New South Wales considered an application by Mrs Coshott to set aside a decision of the Registrar to dismiss her proceedings against Stephen Michael Barry and Martin Pearce Board. The dispute concerned costs.

The primary legal issue before the Court was whether the Registrar's decision to dismiss the proceedings under rule 13.6 of the *Uniform Civil Procedure Rules 2005* (NSW) should be set aside. This involved determining whether the circumstances warranted interference with the Registrar's exercise of discretion.

Payne JA reasoned that the Registrar's decision to dismiss the proceedings was an error. The Court set aside the Registrar's decision and ordered that Mrs Coshott pay the costs thrown away of the application to show cause and the current application. Furthermore, Mrs Coshott was ordered to pay $22,000 into court within 28 days, failing which the proceedings would be stayed. The matter was then referred to the Registrar for directions.