Coshott v Prentice (No 3)

[2019] FCA 1497

FEDERAL COURT OF AUSTRALIA

Coshott v Prentice (No 3) [2019] FCA 1497

File number:

NSD 786 of 2015

Judge:

LEE J

Date of judgment:

9 September 2019

Catchwords:

PRACTICE AND PROCEDURE – application for adoption of referee report

COSTS – referee inquiry and report on numerous countervailing costs orders in multiple proceedings without descending into the detail of a taxation – objection taken to referee’s decision not to apply global discount – referee alleged not to have considered the issues of quantum and proportion together – no error of principle or manifest unreasonableness such that the report should be rejected – report adopted in full  

Legislation:

Federal Court of Australia Act 1976 (Cth) ss 37P, 54A

Federal Court Rules 2011 (Cth) r 28, div 28.6

Cases cited:

Chocolate Factory Apartments v Westpoint Finance [2005] NSWSC 784

Coshott v Prentice [2018] FCAFC 179

Hancock v Rinehart (Lump Sum Costs) [2015] NSWSC 1640

Date of hearing:

9 September 2019

Registry:

New South Wales

Division:

General Division

National Practice Area:

Commercial and Corporations

Sub-area:

General and Personal Insolvency

Category:

Catchwords

Number of paragraphs:

20

Counsel for the Applicants:

Mr D Smith

Solicitor for the Applicants:

Comino Prassas

Counsel for the Respondent:

Mr J T Johnson

Solicitor for the Respondent:

O’Neill Partners Commercial Lawyers

Counsel for Ms Parker and Ms Collins:

Ms M Castle

Counsel for the Trustees for Sale:

Mr S Mullette

ORDERS

NSD 786 of 2015

BETWEEN:

RONALD MICHAEL COSHOTT

First Applicant

FEWIN PTY LIMITED

Second Applicant

AND:

MAXWELL WILLIAM PRENTICE

Respondent

JUDGE:	LEE J
DATE OF ORDER:	9 SEPTEMBER 2019

THE COURT NOTES:

A.THE AGREEMENT OF THE PARTIES AND MICHELLE LENA PARKER, CHRISTINA MAREE COLLINS, LJILJANA COSHOTT, JAMES COSHOTT, ROBERT GILBERT COSHOTT, THE OFFCIAL TRUSTEE IN BAKRUPTCY AS TRUSTEE FOR THE ESTATE OF MICHAEL PETROVIC LENIN (DECEASED), NICHOLAS CROUCH AND SHABNAM AMIRBEAGGI AS TRUSTEES FOR SALE OF PROPERTY OF 1 BUNYULA ROAD BELLEVUE HILL, AND MAXWELL WILLIAM PRENTICE TRUSTEE OF THE PROPERTY OF ROBERT GILBERT COSHOTT (A DISCHARGED BANKRUPT) THAT BY REASON OF THE ADOPTION OF THE REFEREE REPORT BELOW THE AMOUNTS PAYABLE FOR THE COSTS ORDERS IDENTIFIED IN THE SCHEDULE TO THE ORDERS OF 21 JUNE 2019 HAVE BEEN QUANTIFIED (OTHER THAN IN NSD 2014/2016, WHICH HAS BEEN SEPERATELY QUANTIFIED) (RELEVANT COSTS ORDERS) AND NO FURTHER QUANTIFICATION OF THE RELEVANT COSTS ORDERS COSTS IS TO OCCUR AND THE AMOUNT PAYABLE PURSUANT TO THE RELEVANT COSTS ORDERS IS AS QUANTIFIED UPON THE ADOPTION OF THE REFEREE REPORT;

B.THE UNDERTAKING OF MAXWELL WILLIAM PRENTICE BY HIS COUNSEL THAT HE WILL TAKE REASONABLE STEPS (TO THE EXTENT STEPS ARE LAWFULLY AVAILABLE TO HIM) TO MAKE A CLAIM FOR AN INPUT TAX CREDIT IN RESPECT OF COSTS PAYBALE TO HIM PURSUANT TO THE RELEVANT COSTS ORDERS AND, IF SUCH AN INPUT TAX CREDIT IS ACCEPTED BY THE COMMISSIONER OF TAXATION, HE WILL PROIDE A REFUND OF SUCH AMOUNT TO THE PARTY HAVING THE BURDEN OF PAYING SUCH AMOUNT WITHIN 10 DAYS OF ANY SUCH DECISION BEING COMMUNICATED TO HIM BY THE COMMISIONER…