Stokes v McCourt (Costs) [2014] NSWSC 63

Supreme Court New South Wales

Medium Neutral Citation: Stokes v McCourt (Costs) [2014] NSWSC 63 Hearing dates: 04/02/2014, 05/02/2014 and 06/02/2014 Decision date: 06 February 2014 Jurisdiction: Equity Division Before: McDougall J Decision: On plaintiff's motion: no order as to costs up to conclusion of first day of hearing. Tutor to pay plaintiff's and defendant's costs thereafter on the indemnity basis. Certain costs to set off. Reserve costs of defendant's motion. Catchwords: PROCEDURE - costs - recovery of costs - whether tutor may be a "party" for the purposes of making costs orders - whether costs orders may be made between tutor and person under legal incapacity

PROCEDURE - costs - departing from the general rule - order for costs on indemnity basis - whether order for indemnity costs appropriate where proceedings drawn out unnecessarily

PROCEDURE - costs - set-off - whether costs order against tutor can be set off against costs order in favour of tutor made when tutor was conducting litigation on person under legal incapacity's behalf Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules (NSW) 2005 Cases Cited: Stokes (by a tutor) v McCourt [2013] NSWSC 1014 Yakmor v Hamdoush (No 2) (2009) 76 NSWLR 148 Category: Costs 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