Levi v Swaab (No 2) [2020] NSWSC 1733

Levi v Swaab (No 2) [2020] NSWSC 1733

The plaintiffs failed to satisfy the condition (payment of $18,500 on account of costs) upon which the order for preliminary discovery was made, and accordingly their application for review is dismissed and they must pay the defendants' costs of the motion.

Parties
First Plaintiff: Joel Levi by his tutor Collin Levi; Second Plaintiff: Sam Levi by his tutor Collin Levi; First Defendant: Judith Swaab; Second Defendant: Bronwyn Joy Pott
Jurisdiction
Australia
Judgment Date
03 December 2020
Procedural Posture
Equity Costs / Application for Review of Registrar's Decision; Post Preliminary Discovery
Outcome
Application for review dismissed; costs awarded to defendants
Legal Topics
Costs, Preliminary Discovery, Party and Party Costs, Dismissal of Application
Equity Costs Preliminary Discovery Party and Party Costs Dismissal of Application

Case Brief

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Parties

Joel Levi by his tutor Collin Levi

First Plaintiff

Sam Levi by his tutor Collin Levi

Second Plaintiff

Judith Swaab

First Defendant

Bronwyn Joy Pott

Second Defendant

Procedural Posture

Equity Costs / Application for Review of Registrar's Decision; Post Preliminary Discovery

Legal Issues

  1. 1 Whether plaintiffs should pay defendants' costs after failure to comply with condition for preliminary discovery
  2. 2 Appropriate order for costs following dismissal of application for review

Ratio Decidendi

The plaintiffs failed to satisfy the condition (payment of $18,500 on account of costs) upon which the order for preliminary discovery was made, and accordingly their application for review is dismissed and they must pay the defendants' costs of the motion.

Court Disposition

Application for review dismissed; costs awarded to defendants

Orders

  • The plaintiffs' notice of motion filed 23 December 2019 be dismissed.
  • The plaintiffs pay the defendants' costs of that motion.