Wiswell v Marine Industrial Developments Pty Ltd, in the matter of Marine Industrial Developments Pty Ltd [2022] FCA 695

Wiswell v Marine Industrial Developments Pty Ltd, in the matter of Marine Industrial Developments Pty Ltd [2022] FCA 695

Given the second defendant's failure to engage in the proceeding, including non-attendance at mediation and lack of response to communications, and his conduct contrary to the overarching purpose of the Act, it is appropriate to allow discontinuance against him with no order as to costs.

Jurisdiction
Australia
Judgment Date
14 June 2022
Procedural Posture
Commercial and Corporations / Application for Leave to Discontinue Against Second Defendant
Outcome
Leave to discontinue as against the second defendant granted with no order as to costs
Legal Topics
['discontinuance of Proceedings' 'costs Orders' 'oppressive Conduct' 'misleading and Deceptive Conduct']
['practice and Procedure' 'corporations Law' 'consumer Law'] ['discontinuance of Proceedings' 'costs Orders' 'oppressive Conduct' 'misleading and Deceptive Conduct']

Case Brief

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Procedural Posture

Commercial and Corporations / Application for Leave to Discontinue Against Second Defendant

Legal Issues

  1. 1 ['Whether leave should be granted to discontinue the proceeding as against the second defendant with no order as to costs']

Ratio Decidendi

Given the second defendant's failure to engage in the proceeding, including non-attendance at mediation and lack of response to communications, and his conduct contrary to the overarching purpose of the Act, it is appropriate to allow discontinuance against him with no order as to costs.

Court Disposition

Leave to discontinue as against the second defendant granted with no order as to costs

Orders

  • ['Leave be granted to the plaintiffs to discontinue this proceeding as against the second defendant, on the basis that the plaintiffs are not liable to pay the costs of the second defendant.' 'The plaintiffs are to file a Notice of Discontinuance within seven (7) days.' 'The plaintiffs are to provide a copy of these...