Van Gorp v Davy [2021] NSWSC 1509

Supreme Court New South Wales

Medium Neutral Citation: Van Gorp v Davy [2021] NSWSC 1509 Hearing dates: 18 November 2021 Date of orders: 18 November 2021 Decision date: 18 November 2021 Jurisdiction: Equity Before: Hallen J Decision: The Court: (1) Orders that Mr Van Gorp pay the Defendants' costs of the issue of his reserved costs, calculated on the ordinary basis, from 7 July 2021 up to and including the hearing today. (2) Orders that there be deducted from the Defendants' assessed or agreed costs thereof, the amount of the filing fee paid by Mr Van Gorp at or about the time he filed the Statement of Claim. Catchwords: COSTS - Proceedings commenced by litigant in person purportedly on behalf of his two children who were then persons under a legal incapacity – Named Plaintiff not identified in Statement of Claim as tutor for those persons and no application made that, as tutor, he be permitted to commence or carry on the proceedings without a solicitor – Subsequent appointment by litigant in person of solicitor following which an independent person appointed to act as the tutor for the person under a legal incapacity, the other child having attained the age of 18 years – Amended Statement of Claim filed in accordance with the UCPR - Costs reserved in relation to the proceedings commenced by litigant in person Legislation Cited: Uniform Civil Procedure Rules r 7.14, 29 Civil Procedure Act 2005 (NSW) s 56 Cases Cited: Cameron v Cole (1944) 68 CLR 571; [1944] HCA 5 Category: Procedural rulings Parties: Sean Cornelius Van Gorp (Plaintiff) James Ashleigh Davy (First Defendant) Kimberley Ann Evans (Second Defendant) Representation: Counsel: D Parish (Defendants) File Number(s): 2020/81102 Publication restriction: Nil