Malouf v Davoren-Whereat [2025] NSWSC 133

Supreme Court New South Wales

Medium Neutral Citation: Malouf v Davoren-Whereat [2025] NSWSC 133 Hearing dates: 26 February 2025 Date of orders: 26 February 2025 Decision date: 26 February 2025 Jurisdiction: Common Law Before: Chen J Decision: (1) Order, pursuant to s 98(4)(c) of the Civil Procedure Act 2005 (NSW), that the plaintiff and second respondent pay, and are equally and severally liable for, the defendant's (Kurt Davoren-Whereat's) costs of and incidental to the interpleader notice of motion filed 28 October 2024 in the gross sum of $31,150. (2) Order that the costs payable to the defendant under order 1, above, be paid from the sum paid into Court pursuant to order 2 made on 28 November 2024. (3) Note that upon payment pursuant to order 2, the second respondent is liable to the plaintiff in the sum of $15,575. (4) Otherwise, no order as to the costs of the respondents. Catchwords: COSTS – Party/Party – Costs orders in interlocutory proceedings – where application made by judgment debtor for gross sum costs orders following interpleader motion – whether interpleader entitled to complete indemnity of costs from funds in court – no issue of principle – gross sum costs order made COSTS – Party/Party – whether delay occasioned in bringing interpleader motion – lengthy email correspondence between parties – persistent correspondence from plaintiff's former tutor to judgment debtor requesting delay of filing of interpleader motion – "disentitling conduct" – whether judgment debtor promptly brought interpleader motion – no finding of disentitling conduct by judgment debtor – both respondents responsible for unreasonable incurrence of costs – apportionment of judgment debtor's costs between respondents – respondents found equally and severally liable for judgment debtor's costs Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: AA v PD (No 2) [2023] NSWSC 945 Connor John Malouf by his tutor Sam Malouf v Kurt Davoren-Whereat [2024] NSWSC 861 Firth v Centrelink (2002) 55 NSWLR 451 McPherson, Thom & Co v Sandhurst and Northern District Trustees, Executors and Agency Co Ltd [1929] VLR 295 NSW Land and Housing Corporation v DJ's Home and Property Maintenance Pty Ltd (in liquidation) [2013] NSWSC 1167 Category: Procedural rulings Parties: Connor Malouf by his tutor Sam Malouf (Plaintiff/First Respondent) Kurt Davoren-Whereat (Defendant/Applicant) George Mavrakis trading as Mavrakis & Associates Lawyers (Second Respondent) Veritas Law Firm Pty Ltd (Third Respondent) Representation: Counsel: D Eardley (Plaintiff/First Respondent) C Marshall (Defendant/Applicant) J Rogers (Second Respondent)