Recent Cases

Coulthard v Le Boursicot [2022] NSWCA 205 (17 October 2022) (Macfarlan JA)


Catchwords:


CIVIL PROCEDURE — notice of motion seeking withdrawal of funds deposited into Court to provide security for the deceased’s costs of an appeal over two decades ago — order for withdrawal made pursuant to UCPR r 41.3(1) and inherent powers of the Court

CIVIL PROCEDURE — requirement of service dispensed with — where concerted but unsuccessful efforts made by applicant to contact respondent over several years