Stokes v McCourt (Costs) [2014] NSWSC 63

Stokes v McCourt (Costs) [2014] NSWSC 63

The tutor had played an important role in assisting the Court on the first day because there were real concerns about the plaintiff's legal incapacity and the Court needed an effective contradictor. However, the application should have been resolved within one day and was unnecessarily drawn out to three days...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
06 February 2014
Procedural Posture
Costs / Costs Determination on the Plaintiff's Notice of Motion Dated 26 September 2013 and the Defendant's Notice of Motion Dated 2 October 2013
Outcome
On the plaintiff's motion: no order as to costs up to the conclusion of the first day of hearing; tutor to pay the plaintiff's and defendant's costs thereafter on the indemnity basis; certain costs to set off; costs of the defendant's motion reserved.
Legal Topics
['costs Orders Against Tutor' 'indemnity Costs' 'set Off of Costs Orders' 'person Under Legal Incapacity' 'removal of Tutor']
['civil Procedure' 'costs'] ['costs Orders Against Tutor' 'indemnity Costs' 'set Off of Costs Orders' 'person Under Legal Incapacity' 'removal of Tutor']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Costs / Costs Determination on the Plaintiff's Notice of Motion Dated 26 September 2013 and the Defendant's Notice of Motion Dated 2 October 2013

Legal Issues

  1. 1 ['Whether a tutor may be regarded as a party for the purpose of making costs orders.' "Whether costs orders could be made against the tutor in favour of the plaintiff and defendant after the plaintiff's notice of motion for removal of the tutor." 'Whether costs incurred after 4 February 2014 should be assessed on the indemnity basis.' 'Whether costs payable by the tutor to the defendant should be set off against costs payable by the defendant under earlier orders made for the benefit of the plaintiff and tutor.']

Ratio Decidendi

The tutor had played an important role in assisting the Court on the first day because there were real concerns about the plaintiff's legal incapacity and the Court needed an effective contradictor. However, the application should have been resolved within one day and was unnecessarily drawn out to three days substantially because of the adversarial and inappropriate way it was conducted for the tutor. Accordingly, there was no order as to costs up to and including 4 February 2014, but the tutor was ordered to pay the plaintiff's and defendant's costs incurred after that date on the indemnity basis, assessed and payable forthwith. The tutor's liability to the defendant was set off against...

Court Disposition

On the plaintiff's motion: no order as to costs up to the conclusion of the first day of hearing; tutor to pay the plaintiff's and defendant's costs thereafter on the indemnity basis; certain costs to set off; costs of the defendant's motion reserved.

Orders

  • ["On the plaintiff's notice of motion dated 26 September 2013, make no order as to costs up until and including 4 February 2014." 'On that notice of motion, order the tutor to pay the costs of the plaintiff and the defendant incurred after 4 February 2014 in respect of that notice of motion.' 'Order that those costs...