SCVG & KLD (DECEASED) AND ANOR

In the matter of SCVG & KLD (Deceased) and Anor, the applicant, Mr SCVG, sought to set aside a decision of the Child Support Registrar excusing the Registrar from attendance until judgment and further sought an order compelling the Registrar to file responses in the litigation. The proceedings were heard by Gill J.

The central legal issues before the court were whether the applicant's application was a misconceived attempt to litigate matters already determined or otherwise outside the proper scope of the proceedings, and consequently, whether the application should be dismissed. The court was also required to consider the appropriate orders for costs given the applicant's lack of success.

Gill J found the applicant's application to be a "misconceived frolic" and accordingly dismissed it. The court reasoned that the application was not a legitimate or proper course of action within the existing legal framework. As the applicant had been wholly unsuccessful, the court ordered Mr SCVG to pay costs to the Registrar of the Child Support Agency in the sum of $2,500 and to the solicitors for the Estate of KLD in the sum of $1,612, both sums to be paid within six weeks.