Coulthard v Le Boursicot

[2022] NSWCA 205

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Funds in Court
3. › Payment out of Court
4. › Security for costs deposited into Court
5. › Whether order for withdrawal should be made
6. › Proper procedural basis
7. › Whether UCPR r 55.11 or UCPR r 41.3(1) applies
8. › Uniform Civil Procedure Rules 2005 (NSW), rr 41.3(1), 55.11
1. Practice and Procedure
2. › Service
3. › Dispensing with service
4. › Where concerted but unsuccessful efforts made to contact respondent over several years
5. › Uniform Civil Procedure Rules 2005 (NSW)

Quick Take

Payment out of funds deposited as security for costs must be sought under UCPR r 41.3(1) or the Court's inherent powers, not UCPR r 55.11, which is confined to Trustee Act matters.

Case Details

Citation[2022] NSWCA 205

CourtNSWCA

JurisdictionNew South Wales

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Relies on1

2016Dana Rahme v Benjamin & Khoury Pty (ACN 104 057 043)NSWSC 774

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