Hopoate v National Rugby League Limited [2016] NSWSC 1029

Supreme Court New South Wales

Medium Neutral Citation: Hopoate v National Rugby League Limited [2016] NSWSC 1029 Hearing dates: 1 July 2016 Date of orders: 26 July 2016 Decision date: 26 July 2016 Jurisdiction: Equity Before: Robb J Decision: See par 37 Catchwords: COSTS – discontinuance of proceedings – application for alternative cost order made by plaintiff under UCPR r 42.19(2) – whether plaintiff should pay defendant's costs – consideration of circumstances of discontinuance – held reasonable commencement of proceedings – held plaintiff failed to achieve practical success by the commencement of proceedings – held no unreasonable conduct by the defendant – application for alternative cost order not made out – plaintiff to pay defendant's costs of the proceedings and the notice of motion Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Australiawide Airlines Limited v Aspirion Pty Limited [2006] NSWCA 365 Ainsworth v Criminal Justice Commission [1992] HCA 10; 175 CLR 564 Bitannia Pty Ltd v Parkline Constructions Pty Ltd [2009] NSWCA 32 CGU Insurance Limited v Blakeley [2016] HCA 2 Fordyce v Fordham [2006] NSWCA 274 Mao v Yehuaxin Enterprise Pty Ltd [2009] NSWSC 1270 Re Minister for Immigration and Ethnic Affairs (Cth); Ex Parte Lai Qin [1997] HCA 6; 186 CLR 622 Category: Costs Parties: John Hopoate (plaintiff) National Rugby League Limited (defendant) Representation: Counsel: M Smith (plaintiff) S Kanagaratnam (defendant)