STOKES v MCCOURT [2012] NSWSC 1337

STOKES v MCCOURT [2012] NSWSC 1337

The Court had jurisdiction to make an interim costs order for expert assistance under s 98 of the Civil Procedure Act 2005, following Parker v Parker, so s 47(1) of the Property (Relationships) Act 1984 did not bar the Court merely because the order related to expert funding. However, the requested order for $53,700...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
02 November 2012
Procedural Posture
Notice of Motion in Proceedings Under the Property (relationships) Act 1984 to Set Aside a Termination Agreement and Seek Property Settlement Orders / Interlocutory and Consequential Orders Concerning Discovery, Notice to Produce, Interim Costs and Case Management
Outcome
Notice of motion dealt with by interlocutory directions; interim costs application stood over; costs reserved.
Legal Topics
['de Facto Relationships' 'termination Agreement' 'property Settlement' 'discovery' 'notice to Produce' 'interim Costs' 'expert Accounting and Valuation Evidence' 'case Management']
['family Law' 'equity' 'civil Procedure'] ['de Facto Relationships' 'termination Agreement' 'property Settlement' 'discovery' 'notice to Produce' 'interim Costs' 'expert Accounting and Valuation Evidence' 'case Management']

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

Notice of Motion in Proceedings Under the Property (relationships) Act 1984 to Set Aside a Termination Agreement and Seek Property Settlement Orders / Interlocutory and Consequential Orders Concerning Discovery, Notice to Produce, Interim Costs and Case Management

Legal Issues

  1. 1 ["Whether the Court had jurisdiction to order the defendant to pay funds for the plaintiff's expert accounting and valuation assistance notwithstanding s 47(1) of the Property (Relationships) Act 1984 NSW." 'Whether an interim funding order for experts should be made at this stage.' 'How outstanding discovery and the notice to produce should be managed.']

Ratio Decidendi

The Court had jurisdiction to make an interim costs order for expert assistance under s 98 of the Civil Procedure Act 2005, following Parker v Parker, so s 47(1) of the Property (Relationships) Act 1984 did not bar the Court merely because the order related to expert funding. However, the requested order for $53,700 was premature because the documents had not yet been sufficiently produced and assessed and the accountants had only given a rough estimate. Discovery and case management directions were therefore made, the notice to produce was adjourned, and the interim costs aspect of the motion was stood over for consideration by the managing judge.

Court Disposition

Notice of motion dealt with by interlocutory directions; interim costs application stood over; costs reserved.

Orders

  • ['No later than 23 November 2012, the defendant is to file an affidavit of discovery in the court and serve the same on the plaintiff solicitors.' 'No later than 30 November 2012, the parties are to exchange draft directions, which they seek to be made by the judge managing this case when it comes before him or her...