Crosby v Hanley [2021] NSWSC 507

Supreme Court New South Wales

Medium Neutral Citation: Crosby v Hanley [2021] NSWSC 507 Hearing dates: On the papers Date of orders: 10 May 2021 Decision date: 10 May 2021 Jurisdiction: Equity Before: Darke J Decision: Pursuant to UCPR r 12.1(1)(b) leave is granted to the plaintiffs to discontinue the proceedings. The defendants are ordered to pay one half of the plaintiffs' costs of the proceedings. Catchwords: COSTS – proceedings discontinued – discontinuing party pays costs unless otherwise ordered – whether appropriate to otherwise order – plaintiffs justified in commencing proceedings and almost certain to obtain some relief – defendants not generally unreasonable in defending proceedings – plaintiffs achieved practical success as defendants took steps to remedy the plaintiffs' complaints – defendants' change of position not entirely a capitulation but if effected earlier some costs would have been avoided – appropriate to order that defendants pay one half of plaintiffs' costs Legislation Cited: Civil Procedure Act 2005 (NSW) s 30(4) Uniform Civil Procedure Rules 2005 (NSW) rr 12.1, 42.19 Cases Cited: Australiawide Airlines Limited v Aspirion Pty Limited [2006] NSWCA 365 Bitannia Pty Ltd v Parkline Constructions Pty Ltd [2009] NSWCA 32 Greaves v CGU Insurance Ltd [2004] NSWSC 912 One Tel Ltd v Commissioner of Taxation (2000) 101 FCR 548; [2000] FCA 270 OPENetworks Pty Ltd v Myport Pty Ltd [2019] FCA 1659 Re The Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia; Ex parte Lai Qin (1997) 186 CLR 622 Category: Costs Parties: Sally Crosby (First Plaintiff) Kenneth Crosby (Second Plaintiff) Jason Hanley (First Defendant) Samantha Hanley (Second Defendant) Representation: Counsel: Mr P Boncardo (Plaintiffs)