Coulthard v Le Boursicot [2022] NSWCA 205

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Coulthard v Le Boursicot [2022] NSWCA 205 Hearing dates: On the papers Date of orders: 17 October 2022 Decision date: 17 October 2022 Before: Macfarlan JA Decision: (1) Service of the notice of motion filed on 21 April 2022 be dispensed with. (2) All funds in Court in relation to appeal proceedings 1996/32322 (formerly 40649 of 1996) be paid out to the applicant, Mr Ross Valentine Coulthard. Catchwords: CIVIL PROCEDURE — notice of motion seeking withdrawal of funds deposited into Court to provide security for the deceased's costs of an appeal over two decades ago — order for withdrawal made pursuant to UCPR r 41.3(1) and inherent powers of the Court CIVIL PROCEDURE — requirement of service dispensed with — where concerted but unsuccessful efforts made by applicant to contact respondent over several years Legislation Cited: Civil Procedure Act 2005 (NSW), s 101(4) Legal Profession Act 1987 (NSW), s 208J(3) Succession Act 2006 (NSW), s 129(3) Supreme Court Act 1970 (NSW), s 95(1) Trustee Act 1925 (NSW) Uniform Civil Procedure Rules 2005 (NSW), Pt 55, rr 36.7, 41.3(1), 55.11 Cases Cited: Dana Rahme v Benjamin & Khoury Pty (ACN 104 057 043) [2016] NSWSC 774 Texts Cited: Hamilton, Lindsay and Webster, New South Wales Civil Procedure Handbook 2022 (12th ed, 2022, Lawbook Co) Category: Consequential orders Parties: Ross Valentine Coulthard (Applicant) Lenny Le Boursicot (Respondent) Representation: Solicitors: Pigott Stinson (Applicant) File Number(s): 1996/32322 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Court of Appeal Date of Decision: 24 June 1997 Before: Meagher JA; Handley JA; Powell JA File Number(s): 1996/32322 (formerly 40649 of 1996)