Yakmor v Hamdoush (No 2)

(2009) 76 NSWLR 148; [2009] NSWCA 284

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Party under disability
4. › Tutor's liability for costs
5. › Whether tutor personally liable for costs as incident of office
6. › Whether costs order may be made directly against tutor
7. › Civil Procedure Act 2005 (NSW), s 98
8. › Uniform Civil Procedure Rules 2005 (NSW), r 42.3
1. Practice and Procedure
2. › Costs
3. › Non-party costs orders
4. › Whether tutor is a 'party' within UCPR r 42.3
5. › Restriction on costs orders against non-parties
6. › Uniform Civil Procedure Rules 2005 (NSW), r 42.3
1. Practice and Procedure
2. › Persons under legal incapacity
3. › Tutor
4. › Nature of office of tutor
5. › Incidents of office
6. › Personal liability for costs
7. › Uniform Civil Procedure Rules 2005 (NSW), Pt 7 Div 4

Quick Take

A tutor appointed under the UCPR to represent a person under legal incapacity is personally liable for costs as an incident of the office, and is a 'party' within r 42.3 such that costs orders may be made directly against the tutor. The appropriate form of order is both that the person under incapacity pay costs and that the tutor pay to the successful party the costs the person under incapacity is ordered to pay.