Valverde v Inch [2009] NSWSC 1203

Valverde v Inch [2009] NSWSC 1203

Where a protective application is made genuinely for the welfare of a vulnerable person and fails for reasons not relating to the merits, the applicant's costs should be borne out of the protected person's estate, not personally by the applicant.

Jurisdiction
Australia
Judgment Date
09 November 2009
Procedural Posture
Protective Application / Costs Determination After Defendant's Death, Before Merits Hearing
Outcome
Plaintiff to have her costs out of Defendant's estate. Matter to stand over for proper representative of estate to be joined as Defendant. Costs of today to follow the event.
Legal Topics
['costs' 'protection of Vulnerable Persons']
['equity' 'protective Jurisdiction'] ['costs' 'protection of Vulnerable Persons']

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Procedural Posture

Protective Application / Costs Determination After Defendant's Death, Before Merits Hearing

Legal Issues

  1. 1 ["Whether the plaintiff should have her costs out of the defendant's estate where the proceedings did not proceed to a merits hearing due to the defendant's death"]

Ratio Decidendi

Where a protective application is made genuinely for the welfare of a vulnerable person and fails for reasons not relating to the merits, the applicant's costs should be borne out of the protected person's estate, not personally by the applicant.

Court Disposition

Plaintiff to have her costs out of Defendant's estate. Matter to stand over for proper representative of estate to be joined as Defendant. Costs of today to follow the event.

Orders

  • ["Plaintiff's costs to be paid out of deceased's estate." 'Matter to stand over for bringing in of Short Minutes of Order after proper representative of estate joined as Defendant.' 'Costs of today to be part of the costs in the cause.']