Shapiro v Jacobson [2014] NSWSC 1960

Supreme Court New South Wales

Medium Neutral Citation: Shapiro v Jacobson [2014] NSWSC 1960 Hearing dates: 4 April 2014 Date of orders: 11 April 2014 Decision date: 11 April 2014 Before: Garling J Decision: (1)Pursuant to s 77(4) of the Civil Procedure Act 2005, the sum of $29,870.35, be paid out of the monies held in Court for the plaintiff to Terence Stern Trust Account to be applied for payment of outstanding solicitor's costs and disbursements, including counsel's fees.

(2)Pursuant to s 77(4) of the Civil Procedure Act 2005, the sum of $14,979.50, be paid out of the monies held in Court for the plaintiff to the tutor, Bianca Maria Shapiro, by way of reimbursement for disbursements paid.

(3)Pursuant to s 77(4)(a) of the Civil Procedure Act 2005, the balance of the monies held in Court for the plaintiff, after the payments referred to in Orders 1 and 2 are made, is to be paid to the NSW Trustee and Guardian to be held and applied in accordance with s 78(1) of the Civil Procedure Act 2005 Catchwords: COSTS - civil - substantive proceedings settled - costs to be paid by defendant - plaintiff a minor - judgment sum monies paid into and held in Court - application for order pursuant to Civil Procedure Act 2005, s 77(4) that the difference between the amount for costs paid and the total legal fees and disbursements to be paid out of the sum held in Court - application for order that the balance of monies in Court be paid to the NSW Trustee & Guardian - whether Court comfortably satisfied that costs reasonably incurred - whether for benefit of infant party - whether tutor akin to trustee conducting litigation in respect of, or for the benefit of, an infant beneficiary - whether in the interests of justice and the infant plaintiff to make orders Legislation Cited: Civil Procedure Act 2005 Declaration of Titles Act 1862 (25 & 26 Vict. c.67) Legal Profession Act 2004 Cases Cited: Damant v Hennell (1886) 33 Ch. D. 224 Ronayne v Anstead (1891) 12 A.L.T. 159 Dissidomino by her next friend Dissidomino v Butcher Paull and Calder [2005] WASCA 210 Farrell by her next friend Ronald Waugh v Royal Kings Park Tennis Club (Incorporated) [2007] WASCA 173 J by his litigation guardian Vardanega v Australian Capital Territory [No 2] [2011] ACTSC 36 Murray v Kirkpatrick (1940) 57 WN (NSW) 162 NSW Insurance Ministerial Corporation v Abualfoul [1999] FCA 433; (1999) 94 FCR 247 Pritchard v Roberts (1873) LR 17 Eq 222 Steeden v Walden (1910) 2 Ch 393 Stephenson v Geiss [1998] 1 Qd R 542 Texts Cited: Not Applicable Category: Principal judgment Parties: Matthew Shapiro (P) Dr Stanley Jacobson (D) Representation: Counsel: I Butcher (P) Ex parte