NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: NSW Trustee and Guardian v Reading (No 2) [2021] NSWSC 1257 Hearing dates: 11 March 2021 Date of orders: 05 October 2021 Decision date: 05 October 2021 Jurisdiction: Common Law Before: Lonergan J Decision: (1) The proceedings on the Statement of Claim and the First Cross-Claim are dismissed. (2) The plaintiff is to pay the costs of the defendant on the Statement of Claim and First Cross-Claim as agreed or assessed and the plaintiff not have recourse to the deceased's estate to pay such costs. (3) The directions hearing listed on Thursday 7 October 2021 is vacated. Catchwords: PRACTICE AND PROCEDURE – discontinuance – leave to discontinue – costs on discontinuance - application for orders disposing of proceedings – opposing costs orders arising from discontinuance of proceedings by plaintiff - Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Succession Act 2006 (NSW), ch 3 Uniform Civil Procedure Rules 2005 (NSW), rr 12.1, 42.19 Cases Cited: Bitannia Pty Ltd v Parklane Constructions Pty Ltd [2009] NSWCA 32 NSW Trustee and Guardian v Michael Reading [2020] NSWSC 1831 Category: Procedural rulings Parties: NSW Trustee and Guardian (Plaintiff) Michael Reading (Defendant) Representation: Counsel: A Hill (Defendant)
Solicitors: ProActive Legal Lawyers (Plaintiff) Dakin Law (Defendant) File Number(s): 2020/201826 Publication restriction: Nil
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