EG v DG [2024] NSWSC 20

EG v DG [2024] NSWSC 20

Leave to discontinue EG's proceedings was appropriate because the active parties agreed to the discontinuance and the NSW Trustee and Guardian was not an active party whose consent was required. DG should pay EG's and JM's costs from 25 January 2024 because, after the correspondence on 24 January 2024, DG could and should have agreed to the notice of discontinuance.

Jurisdiction
Australia
Judgment Date
30 January 2024
Procedural Posture
Appeal From NCAT Orders Concerning the Appointment of a Financial Manager for EG / Motion for Leave to File a Notice of Discontinuance and Costs Determination
Outcome
Leave granted to EG to file a Notice of Discontinuance; DG's Notice of Motion dismissed; DG's Notice to Produce set aside; costs ordered by date periods.
Legal Topics
['discontinuance of Proceedings' 'leave of Court' 'costs' 'notice of Motion' 'notice to Produce' 'financial Management Orders']
['civil Procedure' 'equity Protective List'] ['discontinuance of Proceedings' 'leave of Court' 'costs' 'notice of Motion' 'notice to Produce' 'financial Management Orders']

Case Brief

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Procedural Posture

Appeal From NCAT Orders Concerning the Appointment of a Financial Manager for EG / Motion for Leave to File a Notice of Discontinuance and Costs Determination

Legal Issues

  1. 1 ['Whether EG should be granted leave to file a Notice of Discontinuance' "Whether the NSW Trustee and Guardian's consent was required under r 12.1 of the Uniform Civil Procedure Rules 2005 (NSW)" "Whether DG should pay EG's and JM's costs after 24 January 2024"]

Ratio Decidendi

Leave to discontinue EG's proceedings was appropriate because the active parties agreed to the discontinuance and the NSW Trustee and Guardian was not an active party whose consent was required. DG should pay EG's and JM's costs from 25 January 2024 because, after the correspondence on 24 January 2024, DG could and should have agreed to the notice of discontinuance.

Court Disposition

Leave granted to EG to file a Notice of Discontinuance; DG's Notice of Motion dismissed; DG's Notice to Produce set aside; costs ordered by date periods.

Orders

  • ['Leave is granted to EG to file a Notice of Discontinuance.' "The Notice of Discontinuance is on the following terms: (a) upon an undertaking from Mr Joerg Schmidt-Liermann to refrain from acting for EG in proceeding 2023/00177002 in a manner other than in the filing of a submitting appearance; (b) the Notice of...