Massarani v Roads and Traffic Authority of NSW [2011] NSWSC 1520

Supreme Court New South Wales

Medium Neutral Citation: Massarani v Roads and Traffic Authority of NSW [2011] NSWSC 1520 Hearing dates: 2 & 7 December 2011 Decision date: 15 December 2011 Jurisdiction: Common Law Before: Davies J Decision: 1. Leave to the Plaintiff to discontinue the proceedings. Any Notice of Discontinuance is to be filed within 7days. 2. Order that the Plaintiff pay the Defendant's costs as agreed or assessed capped in the sum of $5000. If the Notice of Discontinuance is not filed within 7 days the cap is removed. Catchwords: PROCEDURE - discontinuance - leave to discontinue - costs on discontinuance - whether Defendant acted unreasonably - whether Plaintiff demonstrated reason to depart from r 42.19. Legislation Cited: Civil Procedure Act 2005 Crimes (Appeal and Review) Act 2001 High Court Rules Migration Act 1958 (Cth) Uniform Civil Procedure Rules 2005 Cases Cited: Bitannia Pty Ltd v Parkline Constructions Pty Ltd [2009] NSWCA 32 Fordyce v Fordham [2006] NSWCA 274; (2006) 67 NSWLR 497 Markisic v Commonwealth of Australia [2010] NSWSC 24 Markisic v Commonwealth of Australia [2010] NSWCA 273 Markisic v Department of Community Services NSW [2006] NSWCA 106 Re Minister for Immigration & Ethnic Affairs (Cth); Ex Parte Lai Qin (1997) 143 ALR 1 Category: Principal judgment Parties: Patrick Heydar Massarani (Plaintiff) Roads and Traffic Authority of NSW (Defendant) Representation: In person (Plaintiff) Hunt & Hunt (Defendant) File Number(s): 2011/348803