McGettigan v Coulter & Anor; Coulter & Anor v McGettigan (No. 2) [2021] NSWSC 1356

McGettigan v Coulter & Anor; Coulter & Anor v McGettigan (No. 2) [2021] NSWSC 1356

Mr McGettigan engaged in relevant delinquency by fabricating documents and prolonging proceedings, justifying an indemnity costs order. A specified gross sum costs order is warranted due to Mr McGettigan's likely inability to pay assessed costs and to avoid further needless expense. The estate funds should be paid out to the Coulters, with conditions to protect Mr McGettigan's rights if an appeal is filed.

Jurisdiction
Australia
Judgment Date
22 October 2021
Procedural Posture
Probate and Equity Proceedings / Post Judgment Applications for Payment Out of Court and Costs
Outcome
Orders made for payment out of Court to the Coulters on stated conditions; indemnity costs and specified gross sum costs order of $303,561.68 made against Mr McGettigan.
Legal Topics
['payment Out of Court' 'indemnity Costs' 'gross Sum Costs Order']
['equity' 'probate' 'civil Procedure'] ['payment Out of Court' 'indemnity Costs' 'gross Sum Costs Order']

Case Brief

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Procedural Posture

Probate and Equity Proceedings / Post Judgment Applications for Payment Out of Court and Costs

Legal Issues

  1. 1 ['Whether to order payment out of Court of estate funds to the plaintiffs, and on what terms pending appeal' 'Whether indemnity costs should be ordered against Mr McGettigan' 'Whether a specified gross sum costs order should be made under Civil Procedure Act 2005, s 98(4)(c), and if so in what amount']

Ratio Decidendi

Mr McGettigan engaged in relevant delinquency by fabricating documents and prolonging proceedings, justifying an indemnity costs order. A specified gross sum costs order is warranted due to Mr McGettigan's likely inability to pay assessed costs and to avoid further needless expense. The estate funds should be paid out to the Coulters, with conditions to protect Mr McGettigan's rights if an appeal is filed.

Court Disposition

Orders made for payment out of Court to the Coulters on stated conditions; indemnity costs and specified gross sum costs order of $303,561.68 made against Mr McGettigan.

Orders

  • ["Monies paid into Court ($2,015,890.43 by Field Lawyers and $53,750 by Cutcliffe, plus interest) to be paid out to Rhonda Anne Coulter and Glen Patrick Coulter as administrators of the estates, into Field Lawyers' trust account on or after 3 December 2021, subject to conditions if appeal filed." 'If Mr McGettigan...