Peng v Hua Cheng International Holdings Group Pty Ltd [2018] NSWSC 726

Peng v Hua Cheng International Holdings Group Pty Ltd [2018] NSWSC 726

The proceedings were commenced reasonably but became futile due to an unexpected supervening event outside plaintiffs' control, therefore it is appropriate to depart from the default rule and order that there be no order as to costs on discontinuance.

Jurisdiction
Australia
Judgment Date
21 May 2018
Procedural Posture
Equity Proceeding / Discontinuance Application, Costs Determination
Outcome
Leave granted to plaintiffs to discontinue proceedings; no order as to costs.
Legal Topics
['discontinuance' 'costs Orders' 'specific Performance' 'contracts for Sale of Land']
['equity' 'costs'] ['discontinuance' 'costs Orders' 'specific Performance' 'contracts for Sale of Land']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Equity Proceeding / Discontinuance Application, Costs Determination

Legal Issues

  1. 1 ['Whether costs should follow the default rule upon discontinuance under UCPR r 42.19' 'Whether there are sufficient grounds to depart from the default position on costs']

Ratio Decidendi

The proceedings were commenced reasonably but became futile due to an unexpected supervening event outside plaintiffs' control, therefore it is appropriate to depart from the default rule and order that there be no order as to costs on discontinuance.

Court Disposition

Leave granted to plaintiffs to discontinue proceedings; no order as to costs.

Orders

  • ['Leave granted to plaintiffs to discontinue proceedings against defendants.' 'Plaintiffs to file Notice of Discontinuance within 7 days.' 'No order as to costs; each party to bear its own costs.']