Gerard Malouf and Partners Pty Ltd v NSW Trustee and Guardian & Anor [2017] NSWSC 899

Supreme Court New South Wales

Medium Neutral Citation: Gerard Malouf and Partners Pty Ltd v NSW Trustee and Guardian & Anor [2017] NSWSC 899 Hearing dates: 28, 29 June 2017 Date of orders: 6 July 2017 Decision date: 06 July 2017 Jurisdiction: Common Law Before: Slattery J Decision: Order made that the first defendant pay into Court $90,000 of the fund held by it on behalf of the second defendant, pending the resolution of any contested assessment of costs between the plaintiff and the second defendant. The balance of the funds held by the first defendant to be paid to the second defendant. Catchwords: CIVIL PROCEDURE — Parties — Persons under legal incapacity – second defendant conducts legal proceedings in the District Court of New South Wales as a plaintiff – second defendant settles the District Court proceedings and orders are made in the District Court for the payment of the settlement sum to the first defendant to be held by it for the second defendant – dispute about costs between the second defendant and his solicitors acting in the District Court proceedings – first defendant seeks to have the settlement money paid into court pending resolution of the costs dispute between the second defendant and his solicitor – whether the second defendant is still under a legal incapacity – what sum from the settlement money should be paid into Court and what sum should be paid to the second defendant. Legislation Cited: Civil Procedure Act 2005, Part 6, Division 4, ss 3, 77(3) Guardianship Act 1987 NSW Trustee and Guardian Act 2009 Supreme Court Act 1970, s 23 Uniform Civil Procedure Rules 2005, r 7.14 Cases Cited: Rappard v Williams [2013] NSWSC 1279 Stokes v McCourt [2014] NSWSC 61 Category: Principal judgment Parties: Plaintiff: Gerard Malouf and Partners Pty Ltd First defendant: NSW Trustee and Guardian Second defendant: [omitted] Representation: Counsel: