Peri v A1 Civil Formwork Pty Ltd [2013] NSWSC 73

Supreme Court New South Wales

Medium Neutral Citation: Peri v A1 Civil Formwork Pty Ltd [2013] NSWSC 73 Hearing dates: 7 February 2013 Decision date: 13 February 2013 Jurisdiction: Equity Division Before: Macready AsJ Decision: 1. Leave given to plaintiff to discontinue the proceedings against all defendants. 2. Second defendant to pay plaintiff's costs of proceedings against second defendant. 3. Subject to the solicitors retaining the exhibits for the appeal period order that the exhibits except EXH1 and EXHD be returned. Catchwords: PROCEDURE - discontinuance of proceedings - determination of costs - principles of proper approach to award of costs where proceedings discontinued Legislation Cited: Building and Construction Industry Security of Payment Act 1999 Uniform Civil Procedure Rules 2005 Cases Cited: Australian Securities Commission v Aust-Home Investments Limited (1995) 34 FCR 194 Bitannia Pty Ltd v Parkline Constructions Pty Ltd [2009] NSWCA 32 Fordyce v Fordham [2006] NSWCA 274 Keays v J P Morgan Administrative Services Australia Ltd [2012] FCAFC 100 Minister for Immigration and Ethnic Affairs, Re; ex Parte Lai Qin [1997] HCA 6; (1997) 186 CLR 622 One Tel Ltd v Deputy Commissioner of Taxation [2000] FCA 270 Category: Principal judgment Parties: Peri Australia Pty Limited (Plaintiff) A1 Civil Formwork Pty Ltd (First Defendant) Romeo Ibrahim (Second Defendant) Representation: Counsel: E. Finanne (Plaintiff) Maghami (First Defendant) Raphael (Second Defendant) Solicitors: File Number(s): 2012/223507