Event and Time
Event Description
- The case revolves around a motion filed by Mr. Ross Valentine Coulthard to withdraw funds deposited in Court that were originally security for the costs of an appeal from the year 1996. The funds, which have remained in Court for over two decades, amount to approximately $36,600.88, inclusive of interest.
Application and Claims
- Applicant: Mr. Ross Valentine Coulthard seeks:
- An order for the withdrawal of funds from the Court. - Dispensation of service of the notice of motion upon the respondent, Ms. Lenny Le Boursicot.
- Background: The funds were initially provided by Ms. Le Boursicot as security for the costs of her appeal against a judgment ordering her to pay Mr. Jack Coulthard, the applicant's uncle, a sum of money related to claims of undue influence.
Judicial Decisions
- Decision Made:
1. The Court dispensed with the service of the notice of motion filed on 21 April 2022. 2. Ordered that all funds related to the appeal proceedings be paid out to Mr. Ross Valentine Coulthard.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Claims:
- The funds in question are rightfully owned by him as the sole beneficiary of Jack Coulthard's estate. - Despite concerted efforts, communication with Ms. Le Boursicot was unsuccessful, justifying the request for dispensation of service.
- Respondent's (Ms. Lenny Le Boursicot's) Position:
- No direct response as she remained unreachable.
- Third-Party Considerations: