Mao v Yehuaxin Enterprise Pty Limited & Ors [2009] NSWSC 1270

New South Wales Supreme Court

CITATION : Mao v Yehuaxin Enterprise Pty Limited & Ors [2009] NSWSC 1270

HEARING DATE(S) : 29 September 2009

JUDGMENT DATE : 25 November 2009

JURISDICTION : Equity

JUDGMENT OF : Slattery J at 1

ORDER: DECISION : 1. Grant leave to the plaintiff to discontinue these proceedings against all the defendants by filing a notice of discontinuance in conformity with UCPR r 12.1; and 2. Order that the first, second and third defendants pay the plaintiff's costs of these proceedings incurred after 30 December 2008 including the costs of the motion for leave to discontinue.

CATCHWORDS : EQUITY - equitable remedies - alleged agreement for sale of business - failure of defendants during the proceedings to cause the exercise of the option to renew lease over premises from which the business is conducted - PROCEDURE - costs - recovery of costs - leave to discontinue granted under UCPR r12.1 - non appearance of defendants - first, second and third defendants to pay the plaintiff's costs of proceedings incurred after 30 December 2008, the date on which the defendants failed to cause the exercise of the option to renew lease over subject premises

LEGISLATION CITED : Uniform Civil Procedure Rules 2005 r 12.1, r 42.19

CATEGORY : Principal judgment

Australiawide Airlines Ltd t/as Regional Express v Aspirion Pty Ltd [2006] NSWCA 365 Bitannia Pty Limited v Parkline Constructions Pty Limited [2009] NSWCA 32 CASES CITED : Fordyce v Fordham [2006] NSWCA 274 Garwolin Nominees Pty Ltd v Statewide Building Society [1984] VR 469 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin [1997] HCA 6 Reid v Shearan [2002] NSWSC 902