Murrumbidgee Irrigation Ltd v M & H Acar Pty Ltd [2019] NSWSC 807

Supreme Court New South Wales

Medium Neutral Citation: Murrumbidgee Irrigation Ltd v M & H Acar Pty Ltd [2019] NSWSC 807 Hearing dates: 21 June 2019 Date of orders: 01 July 2019 Decision date: 01 July 2019 Jurisdiction: Equity Before: Ward CJ in EQ Decision: 1. The plaintiff have leave pursuant to r 12.1 of the UCPR to discontinue these proceedings. 2. The defendant is to pay the plaintiff's costs of the proceedings up to and including 21 December 2018 on the ordinary basis. 3. The defendant is to pay the plaintiff's costs of the contested costs application, on the ordinary basis. 4. Otherwise, there be no order as to the costs of the proceedings. Catchwords: EQUITY – Costs application – order departing from r 42.19 of the Uniform Civil Procedure Rules 2005 (NSW) – whether defendant's conduct has been so unreasonable as to warrant such an order Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Uniform Civil Procedure Rules 2005 (NSW), rr 12.1, 42.1, 42.19 Cases Cited: Bitannia Pty Ltd v Parkline Constructions Pty Ltd [2009] NSWCA 32 Freelancer International Pty Ltd v Matthew O'Kane [2019] NSWSC 159 Goode v Angland [2017] NSWCA 311 In the matter of HCafe Chatswood Pty Ltd [2018] NSWSC 362 Nichols v NFS Agribusiness Pty Ltd (2018) 97 NSWLR 681; [2018] NSWCA 84 Prospect County Council v Cross (1990) 21 NSWLR 601 Re Minister for Immigration & Ethnic Affairs: Ex parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Renton v Kelly [2018] NSWSC 1377 Category: Costs Parties: Murrumbidgee Irrigation Limited (Plaintiff) M & H Acar Pty Ltd (Defendant) Representation: Counsel: J Steele (Plaintiff) M Gunning (Defendant)