Perpetual Corporate Trust Limited v Ip [2024] NSWSC 728

Supreme Court New South Wales

Medium Neutral Citation: Perpetual Corporate Trust Limited v Ip [2024] NSWSC 728 Hearing dates: 12 June 2024 Date of orders: 18 June 2024 Decision date: 18 June 2024 Jurisdiction: Common Law Before: Davies J Decision: (1) Grant leave to the plaintiff to discontinue the proceedings against the third defendant. (2) No order as to the costs of the proceedings to the intent that each of the plaintiff and the third defendant should bear its and his own costs. Catchwords: CIVIL PROCEDURE – discontinuance – leave of court – whether plaintiff should pay defendant's costs of the proceedings – possession proceedings – proceedings discontinued after filing of defence – supervening event making proceedings futile – principles regarding costs orders and discontinuance – where plaintiff had not acted unreasonably Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) r 42.19 Cases Cited: Australiawide Airlines Ltd v Aspirion Pty Ltd [2006] NSWCA 365 Bitannia Pty Ltd v Parkline Constructions Pty Ltd [2009] NSWCA 32 Edwards Madigan Torzillo Briggs Pty Ltd v Gloria Stack and Ors [2003] NSWCA 302 Furnish & Finish Pty Ltd v Hollands [2020] NSWSC 1593 One Tel Ltd v Commissioner of Taxation (2000) 101 FCR 548 Transtar Linehaul Pty Ltd v Chief Commissioner of State Revenue [2021] NSWSC 159 Texts Cited: Nil Category: Costs Parties: Perpetual Corporate Trust Limited (Plaintiff) Eric Shu-Wah Ip (First Defendant) Yuk Ting Ip (Second Defendant) Qing Shan Huang (Third Defendant) Representation: Counsel: M Collins (Plaintiff) E Patakas (First Defendant) S Crosbie (Second Defendant) A Chowdhury (Third Defendant)