The Recyclers (NSW) Pty Ltd v Ayoub (No 5) [2016] NSWSC 864

Supreme Court New South Wales

Medium Neutral Citation: The Recyclers (NSW) Pty Ltd v Ayoub (No 5) [2016] NSWSC 864 Hearing dates: 17 June 2016 Decision date: 17 June 2016 Jurisdiction: Equity - Expedition List Before: Stevenson J Decision: Tutor liable for costs of first defendant; costs specified at $225,000 Catchwords: PRACTICE AND PROCEDURE – tutor – whether determination by court that party is competent to give evidence under s 13 Evidence Act 1995 (NSW) has consequence that the person is not under legal incapacity and tutor's appointment "invalid" – Pt 7 Div 4 Uniform Civil Procedure Rules 2005 (NSW) – COSTS – against non-party – tutor – general rule that tutor liable to pay costs awarded against party represented – COSTS – gross sum costs order – whether order should be made where complex allegations made by party without substantive evidence – where party has constantly been in default of court's orders – where party's conduct suggests costs assessment process likely to be protracted – quantification of such costs Legislation Cited: Civil Procedure Act 2005 (NSW) Evidence Act 1995 (NSW) Felons (Civil Proceedings) Act 1981 (NSW) Guardianship Act 1987 (NSW) Mental Health Act 2007 (NSW) NSW Trustee and Guardian Act 2009 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Hamod v New South Wales [2011] NSWCA 375 Masterman-Lister v Brutton & Co [2003] 1 WLR 1511 Spina v Permanent Custodians Ltd [2009] NSWCA 206 Stokes v McCourt [2014] NSWSC 61 The Recyclers (NSW) Pty Limited v Ayoub (No 3) [2016] NSWSC 576 The Recyclers (NSW) Pty Ltd v Ayoub [2016] NSWSC 144 Yakmor v Hamdoush (No 2) [2009] NSWCA 284; 76 NSWLR 148 Category: Costs Parties: The Recyclers (NSW) Pty Limited (Plaintiff) Aus Wide Recycling Pty Ltd (Applicant/Second Defendant) George Faddoul (Applicant) Michael Ayoub by his tutor Paul Joseph Donnelly (Respondent/ First Defendant) Illawarra Motor Auction Pty Ltd (Respondent /Third Defendant) Milana South Coast Pty Ltd (Respondent/Fourth Defendant) Paul Joseph Donnelly (Respondent) Representation: Counsel: A J McInerney SC with D Robertson (Applicants) S Haddad (Respondents)