NSW Caselaw
New South Wales Supreme Court
CITATION : Cummins v Australian Jockey Club Limited [2009] NSWSC 254
HEARING DATE(S) : 03/04/09
JUDGMENT DATE : 6 April 2009
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
DECISION : Plaintiff granted leave to discontinue. Defendant ordered to pay plaintiff's costs.
CATCHWORDS : PROCEDURE - costs - where plaintiff seeks leave to discontinue - competing applications for costs - plaintiff contends that she should be awarded costs despite rule 42.19 - where realisation that there was no dispute arose on eve of hearing - defendant at that time accepted thee was no dispute after seeing plaintiff's evidence - defendant says dispute would have evaporated earlier if evidence communicated earlier - but correspondence shows that the matters emerging from the evidence were not the only ones that had prevented defendant accepting plaintiff's position
LEGISLATION CITED : Corporations Act 2001 (Cth), s 9 Uniform Civil Procedure Rules 2005. rules 12.1(1), 42.19(1) and (2)
CATEGORY : Principal judgment
Britannia Pty Ltd v Parkline Construction Pty Ltd [2009] NSWCA 32 CASES CITED : Fordyce v Fordham [2006] NSWCA 274 Garwolin Nominees Pty Ltd v Statewide Building Society [1984] VR 469 Portman Iron Ore Ltd; Re Golden West Resources Ltd [2008] FCA 1362; (2008) 170 FCR 409
PARTIES : Sarah Jane Cummins - Plaintiff Australian Jockey Club Limited - Defendant
FILE NUMBER(S) : SC 2144/09
COUNSEL : Mr A J Sullivan QC/Ms C C Spruce - Plaintiff Mr F Gleeson SC/Mr J S Emmett - Defendant
SOLICITORS : Hicksons Lawyers - Plaintiff Esplins Solicitors - Defendant
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate