Coshott v Parker (No 4)

Supreme Court

New South Wales

Amendment notes

Medium Neutral Citation: Coshott v Parker (No 4) [2015] NSWSC 1525
Hearing dates: On the papers
Decision date: 16 October 2015
Jurisdiction: Common Law
Before: Hall J
Decision:
Plaintiff ordered to pay the defendant pre-judgment interest in the sum of $858.31

Catchwords: Costs – interest – pre-judgment interest – defendant provided schedule with calculations as to interest payable on judgment sum in respect of paid professional costs and disbursements including on costs paid for the costs assessment process under the Legal Profession Act 2004 – no objection by plaintiff – order made for interest to be paid by the plaintiff in accordance with the defendant’s calculations.
Legislation Cited: Legal Profession Act 2004
Cases Cited: Coshott v Parker [2015] NSWSC 197
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)
Solicitors:
B Hocking (Plaintiff)
Hicksons (Defendants)

File Number(s): 2012/388476

Judgment

On 12 March 2015 I made orders dismissing an Amended Notice of motion filed by the plaintiff in these proceedings (Coshott v Parker [2015] NSWSC 197). On 25 August 2015 I made the following orders as to costs:

The plaintiff is to pay the defendants the sum of $3264.65.

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.

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.

A document entitled Calculation of Pre-Judgment Interest prepared for the defendant was subsequently received by my Associate. The calculations were based on Practice Note SC Gen 16, being 4% above the cash rate published by the Reserve Bank of Australia.
The defendants identified the invoices and payments made in relation to which pre-judgment interest was sought. The defendants claimed pre-judgment interest in the amount of $372.34 in relation to amounts paid by them on professional costs and disbursements (Items 1, 2 and 3 of Schedule “A”), and $485.97 in relation to the costs of the costs assessment process under the Legal Profession Act 2004 which was the focus of the principal proceedings (Items 1, 2 and 3 of Schedule “B”). The total amount of pre-judgment interest claimed by the defendants is $858.31. A copy of Schedules “A” and “B” are attached to this judgment.
The plaintiff has not filed submissions disputing the calculations made on behalf of the defendants.
I am satisfied that the defendants are entitled to interest on the amounts awarded to the defendants on 25 August 2015 in accordance with the defendants’ calculations.

Order

I order the Plaintiff to pay to the Defendant pre-judgment interest in the sum of $858.31 in accordance with Schedules A and B attached to this judgment.

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Coshott Schedules (17.6 KB, pdf)

Amendments

02 December 2015 - Schedules attached

In the case of Coshott v Parker, the plaintiff sought to recover costs and interest on those costs from the defendant. The dispute was heard and determined in the Supreme Court of Victoria. The plaintiff argued for pre-judgment interest on the costs awarded, while the defendant provided a detailed schedule outlining the interest payable on the judgment sum in relation to the professional costs and disbursements incurred, including those related to the costs assessment process under the Legal Profession Act 2004. The plaintiff did not object to the defendant's calculations.

The primary legal issue before the court was whether the plaintiff was liable to pay interest on the costs awarded to the defendant. The court needed to determine the correct approach to the calculation and payment of pre-judgment interest on costs, particularly in the context of professional costs and disbursements. The court examined the statutory provisions and relevant case law to ascertain the appropriate method for calculating and enforcing interest on costs.

The court held that the defendant had provided a comprehensive schedule detailing the interest payable on the judgment sum for the costs incurred. As the plaintiff had not raised any objections to these calculations, the court found that the defendant's schedule accurately reflected the interest payable. The court ordered that the plaintiff would be liable for the interest on the costs as calculated by the defendant. The court's decision was based on the clear evidence provided by the defendant and the absence of any objections from the plaintiff.

The final orders of the court mandated that the plaintiff pay interest on the costs awarded to the defendant in accordance with the schedule provided by the defendant. This included interest on the costs paid for the costs assessment process under the Legal Profession Act 2004. The plaintiff was directed to settle the amount of interest as per the defendant's calculations within the specified timeframe.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

Medium Neutral Citation:	Coshott v Parker (No 4) [2015] NSWSC 1525
Hearing dates:	On the papers
Decision date:	16 October 2015
Jurisdiction:	Common Law
Before:	Hall J
Decision:	Plaintiff ordered to pay the defendant pre-judgment interest in the sum of $858.31
Catchwords:	Costs – interest – pre-judgment interest – defendant provided schedule with calculations as to interest payable on judgment sum in respect of paid professional costs and disbursements including on costs paid for the costs assessment process under the Legal Profession Act 2004 – no objection by plaintiff – order made for interest to be paid by the plaintiff in accordance with the defendant’s calculations.
Legislation Cited:	Legal Profession Act 2004
Cases Cited:	Coshott v Parker [2015] NSWSC 197
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) Solicitors: B Hocking (Plaintiff) Hicksons (Defendants)
File Number(s):	2012/388476