Johnson v Krishnan - estate of the late Parvati Krishnan [2009] NSWSC 1284

New South Wales Supreme Court

CITATION : Johnson v Krishnan - estate of the late Parvati Krishnan [2009] NSWSC 1284

HEARING DATE(S) : 13 November 2009

JUDGMENT DATE : 13 November 2009

JURISDICTION : Equity

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 13 November 2009

DECISION : 1. Give leave to the plaintiff to discontinue the proceedings; 2. Subject to earlier costs orders, and subject to order 4 below, order that as between the plaintiff and the defendant, there be no order as to costs of the proceedings with the intent that each party bear her and his own costs of the proceedings; 3. direct that the plaintiff be entitled to have her costs of the proceedings paid out of the estate on the trustee basis, to the extent she is not indemnified for those coasts in the estate of Eric Madavan Krishnan; 4. order that the defendant pay the plaintiff's costs of and incidental to the present application.

CATCHWORDS : PROCEDURE – costs - plaintiff seeks leave to discontinue proceedings with certain costs orders – defendant consents to discontinuance but seeks further order that costs be paid by plaintiff out of the estate on the trustee basis - consideration of r 42.19 of Uniform Civil Procedure Rules as to starting position on costs where notice of discontinuance filed – not an ordinary case of discontinuance as plaintiff has obtained relief sought – not accepted that there was no necessity for court proceedings - orders made as sought by plaintiff

CATEGORY : Principal judgment

Johnson v Krishnan [2008] NSWSC 665 CASES CITED : Australiawide Airlines Ltd t/as Regional Express v Aspirion Pty Ltd [2006] NSWCA 365 Fordyce v Fordham [2006] NSWCA 274; 67 NSWLR 497