NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Stokes v McCourt [2014] NSWSC 61 Hearing dates: 04/02/2014 and 05/02/2014 Decision date: 05 February 2014 Jurisdiction: Equity Division Before: McDougall J Decision: Order that Paul Stokes be removed as tutor for plaintiff. Reserve costs. Catchwords: PROCEDURE - judgments and orders - amending, varying and setting aside order appointing tutor - whether person in relation to whom a tutor has been appointed may apply themselves to have the tutor removed - whether person is under legal incapacity - meaning of "person under legal incapacity" - whether person is capable of understanding proceedings
PROCEDURE - judgments and orders - amending, varying and setting aside order - whether stay of order to allow for mediation Legislation Cited: Civil Procedure Act 2005 (NSW) Contracts Review Act 1980 (NSW) Interpretation Act 1987 (NSW)) Property (Relationships) Act 1984 (NSW) Cases Cited: Doulaveras v Daher [2009] NSWCA 58 Masterman-Lister v Brutton and Co [2003] 1 WLR 1511 Rappard v Williams [2013] NSWSC 1279 Category: Principal judgment Parties: Vanessa Therese Marge Veronica Stokes (Plaintiff) Matthew Robert Ernest McCourt (Defendant) Vanessa Therese Marge Veronica Stokes by her tutor Paul Kenneth Stokes Representation: Counsel: A Cotter-Moroz (Plaintiff) J Bunning (Defendant) J Dupree (Plaintiff's Tutor) Solicitors: Trenches, McKenzie Cox Solicitors (Plaintiff) Wiltshire Lawyers (Defendant) Somerville Laundry Lomax (Plaintiff's Tutor) File Number(s): 2010/148874
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