Canwin (Aust) Pty Ltd -v- Angorita Pty Ltd [2011] NSWSC 521

Canwin (Aust) Pty Ltd -v- Angorita Pty Ltd [2011] NSWSC 521

Leave to discontinue the proceedings is granted to the plaintiffs, and the plaintiffs are ordered to pay the costs of the eleventh defendant; no further orders as to costs are made so parties otherwise bear their own costs.

Jurisdiction
Australia
Judgment Date
25 May 2011
Procedural Posture
Commercial List Equity Proceeding / Leave to Discontinue Proceedings and Costs Determination
Outcome
Leave granted to discontinue proceedings; plaintiffs to pay costs of the eleventh defendant; no further orders as to costs.
Legal Topics
['discontinuance of Proceedings' 'costs']
['civil Procedure'] ['discontinuance of Proceedings' 'costs']

Case Brief

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Procedural Posture

Commercial List Equity Proceeding / Leave to Discontinue Proceedings and Costs Determination

Legal Issues

  1. 1 ['Whether leave should be granted to the plaintiffs to discontinue the proceedings' 'Which party should bear the costs upon discontinuance']

Ratio Decidendi

Leave to discontinue the proceedings is granted to the plaintiffs, and the plaintiffs are ordered to pay the costs of the eleventh defendant; no further orders as to costs are made so parties otherwise bear their own costs.

Court Disposition

Leave granted to discontinue proceedings; plaintiffs to pay costs of the eleventh defendant; no further orders as to costs.

Orders

  • ['The plaintiffs have leave to discontinue the proceedings.' 'The plaintiffs are to pay the costs of the eleventh defendant.' 'No further orders as to costs (parties shall otherwise bear their own costs).']