Baggaley v Richards [2023] NSWSC 1262

Supreme Court New South Wales

Medium Neutral Citation: Baggaley v Richards [2023] NSWSC 1262 Hearing dates: 14, 16 and 22 August 2023 Date of orders: 26 October 2023 Decision date: 26 October 2023 Jurisdiction: Equity Before: Robb J Decision: The Court's orders are: (1) Order the defendant to pay to the plaintiff $4,841.55 in compliance with order 9 made by the Court in these proceedings on 25 May 2022. (2) Order the defendant to pay the plaintiff's costs of securing compliance by the defendant with orders 5(a) and 6 made by the Court on 25 May 2022, as well as his costs of the notice of motion filed on 10 August 2023. Catchwords: COSTS – party/party – notice of motion – where defendant unilaterally refused to comply with settlement orders that a refundable accommodation deposit be paid to an aged care facility – where parties subsequently entered into deed of settlement – where plaintiff's daughters gave personal guarantee that refundable accommodation deposit be repaid to defendant upon plaintiff's death out of filial duty rather than legal obligation – defendant to pay plaintiff's costs despite achieving defendant's desired outcome CIVIL PROCEDURE – whether a lacuna existed in orders made for disposal of the proceedings – no lacuna found CIVIL PROCEDURE – where settlement orders clear that interest payable if orders not complied with within 90 days – orders not complied with – interest payable by defendant to plaintiff Legislation Cited: Probate and Administration Act 1898 (NSW), ss 63(d), 84A Succession Act 2006 (NSW), s 59 Cases Cited: Edwards Madigan Torzillo Briggs Pty Ltd v Stack [2003] NSWCA 302 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Category: Consequential orders Parties: George Richard Baggaley (Plaintiff) Kylie Richards (Defendant) Representation: Counsel: M Pringle (Plaintiff) J Hard (Defendant)