James Ashleigh Davy and Kimberley Ann Evans (as Executors of the Estate of the Late Kate Louise Davy) v Van Gorp [2022] NSWSC 466

Supreme Court New South Wales

Medium Neutral Citation: James Ashleigh Davy and Kimberley Ann Evans (as Executors of the Estate of the Late Kate Louise Davy) v Van Gorp [2022] NSWSC 466 Hearing dates: 8 April 2022 Decision date: 19 April 2022 Jurisdiction: Equity - Applications List Before: Peden J Decision: (1) The Respondent, Mr Sean Cornelius Van Gorp, is restrained from commencing or continuing in any Court or Tribunal any proceedings against either or both of James Ashleigh Davy and Kimberley Ann Evans (other than by a claim in the nature of an appeal, cross-appeal, defence, cross-claim or cross-summons) which arise from the same or similar facts as these proceedings, including the applications brought by the Respondent in these proceedings, without the leave of a Judge of the Supreme Court of New South Wales, unless and until the Respondent has paid in full the costs as ordered: (i) By Hallen J on 18 December 2020; (ii) By Hallen J on 18 November 2021; (iii) By Ward CJ in Eq on 1 February 2022. (2) The Respondent to pay the costs of the Applicants as agreed or assessed. Catchwords: CIVIL PROCEDURE — stay of proceedings — inherent power — abuse of process — application to restrain plaintiff from commencing further proceedings arising from same or similar facts until defendants' costs paid Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 12.10 Civil Procedure Act 2005 (NSW), s 67 Cases Cited: Kostov v Nationwide News Pty Ltd (No 1) [2018] NSWSC 1822 K Sheridan v Colin Biggers & Paisley [2019] NSWSC 621 The Owners Strata Plan 62930 v Kell & Rigby Holdings Pty Ltd [2010] NSWSC 612 Webster v Super Smart Strategies Pty Ltd [2017] NSWSC 531 Category: Procedural rulings Parties: James Ashleigh Davy and Kimberley Ann Evans (as Executors of the Estate of the Late Kate Louise Davy) (Applicants) Sean Cornelius Van Gorp (Respondent) Representation: Counsel: J Pokoney (Applicants) S C Van Gorp (Respondent) (Self-represented)