Johnson & Anor v Clancy & Anor [2010] NSWSC 1301

New South Wales Supreme Court

CITATION : Johnson & Anor v Clancy & Anor [2010] NSWSC 1301

HEARING DATE(S) : 9 November 2010

JUDGMENT DATE : 15 November 2010

JUDGMENT OF : Hallen AsJ

(a) The Plaintiffs to pay such of the Defendants' costs as, at the date on which the notice of discontinuance was filed, had been incurred by the Defendants in relation to each claim in respect of which the proceedings have been discontinued. DECISION : (b) In relation to the notice of motion filed on 8 October 2010, the result of the proceedings is that the Defendants have achieved the relief that they sought and had been seeking for some time. Accordingly, there is no reason why they should not have their costs of the notice of motion as well. (c) The Plaintiffs to pay the costs of the Defendants of the hearing of the costs argument. (d) The exhibits on the costs application to be returned.

CATCHWORDS : Procedure under Uniform Civil Procedure Rules 2005 - costs - leave granted, by consent, to the discontinuance of the Plaintiffs' proceedings - where no determination on the merits - default provision for costs in UCPR 42.19 - approach to costs - whether to depart from ordinary position - need for reason to depart from ordinary position - costs of notice of motion where orders made by consent which result in relief sought being granted by consent - costs of argument as to costs of proceedings where discontinuance

Civil Procedure Act 2005 LEGISLATION CITED : Real Property Act 1900 Uniform Civil Procedure Rules 2005

CATEGORY : Separate question

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