Coulthard v Le Boursicot

In *Coulthard v Le Boursicot*, the applicant, Mr Ross Valentine Coulthard, sought the withdrawal of funds that had been deposited into court over two decades prior to secure the deceased's costs of an appeal. The application was heard by Macfarlan JA.

The primary legal issues before the court were whether to permit the withdrawal of the deposited funds and whether to dispense with the requirement of service of the notice of motion on the respondent.

Macfarlan JA ordered that service of the notice of motion be dispensed with, noting that concerted but unsuccessful efforts had been made by the applicant to contact the respondent over several years. The court further ordered that all funds held in court in relation to the specified appeal proceedings be paid out to the applicant. These orders were made pursuant to rule 41.3(1) of the Uniform Civil Procedure Rules and the inherent powers of the Court.