Duraisamy v Sydney Trains [2019] NSWDC 250

District Court New South Wales

Medium Neutral Citation: Duraisamy v Sydney Trains [2019] NSWDC 250 Hearing dates: 3 May 2019 Date of orders: 03 May 2019 Decision date: 03 May 2019 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Grant leave to the plaintiff to withdraw the notice of motion. (2) Plaintiff to pay the defendant's costs of the notice of motion on an indemnity basis. Catchwords: PRACTICE AND PROCEDURE – abuse of process - claims in the Local, District and Supreme Courts for identical relief – plaintiff brings proceedings in the District Court seeking the same relief as that sought in the Local Court – proceedings dismissed – plaintiff brings proceedings in the Supreme Court for the same relief – those proceedings stayed pending the payment of costs orders made by the District Court judge - plaintiff brings proceedings to set aside the District Court judge's orders pursuant to UCPR r 36.15 – plaintiff withdraws notice of motion but ordered to pay costs on an indemnity basis Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 14.28 and 36.15 Cases Cited: Brimaud v Honeysett Instant Print Pty Ltd (1988) 217 ALR 44 Duraisamy v Sydney Trains [2019] NSWSC 199 Lu v The Age Co Limited [2016] NSWCA 115 Weber v Aquaqueen International Pty Ltd; Aquaqueen International Pty Ltd v Weber [2013] NSWSC 1181 Texts Cited: P Taylor SC, Justice G Bellew, M Meek SC, Dr E Elms OAM, Ritchie's Uniform Civil Procedure New South Wales (LexisNexis Australia) Category: Procedural and other rulings Parties: Plaintiff: Ashok Kumar Duraisamy Defendant: Sydney Trains ABN 59 325 778 353 Representation: Counsel: Plaintiff: In person Defendant: Ms M Gaven