McIntyre v Pettit [2020] NSWSC 498

Supreme Court New South Wales

Medium Neutral Citation: McIntyre v Pettit [2020] NSWSC 498 Hearing dates: 10 September 2019 Date of orders: 06 May 2020 Decision date: 06 May 2020 Jurisdiction: Common Law Before: Lonergan J Decision: (1) The notice of motion filed 6 June 2019 is dismissed.

(2) The applicants are to pay the respondent's costs.

(3) Pursuant to UCPR 41.3 and 41.8, the deposited funds paid into court on 14 May 1993 by Price Brent Solicitors in the sum of $20,500, together with interest accrued up to the date of this order is to be paid to Itala Belinda McIntyre.

(4) Within 14 days, Raymond Perkes is to file an affidavit explaining the facts, matters and circumstances that led him to assert in writing to the Registrar of the Supreme Court on 13 May 2019 that he and Mr Gye had been ordered to provide security for costs, and that the funds referred to in the letter of the Registrar dated 6 May 2019, paid into court by Price Brent Solicitors, were funds provided by Mr Gye. Catchwords: COSTS — procedure and discretion — funds paid into court as security for costs — significant interest accrued — application pursuant to the UCPR for funds to be paid out — no entitlement to the funds paid into court — application dismissed. Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Supreme Court Rules 2007 (NSW) Category: Procedural and other rulings Parties: Clement Anthony Gye (Applicant) Raymond David Perkes (Applicant) Itala Belinda McIntyre (Respondent) Representation: Counsel: D F Elliott (Applicant) S F Hughes (Respondent)