Jarvie v Hawkesbury City Council [2013] NSWSC 1636

Jarvie v Hawkesbury City Council [2013] NSWSC 1636

Although the plaintiff's notice of discontinuance was not shown to have been filed with leave or the defendant's consent, the defendant was willing to consent to discontinuance on appropriate costs terms. Leave was therefore granted to discontinue the whole proceedings, the proceedings were discontinued, and the plaintiff was ordered to pay the defendant's costs as agreed or assessed.

Jurisdiction
Australia
Judgment Date
07 November 2013
Procedural Posture
Appeal From Local Court / Interlocutory Application Concerning Discontinuance and Costs
Outcome
Leave granted to discontinue the proceedings; proceedings discontinued; plaintiff to pay defendant's costs as agreed or assessed.
Legal Topics
['notice of Discontinuance' 'leave to Discontinue Proceedings' 'consent to Discontinuance' 'costs']
['civil Procedure' 'appeals'] ['notice of Discontinuance' 'leave to Discontinue Proceedings' 'consent to Discontinuance' 'costs']

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

Appeal From Local Court / Interlocutory Application Concerning Discontinuance and Costs

Legal Issues

  1. 1 ['Whether the plaintiff should be granted leave to discontinue the whole of the proceedings.' "Whether the filed notice of discontinuance was supported by the defendant's consent or leave of the court." 'What costs order should be made on discontinuance.']

Ratio Decidendi

Although the plaintiff's notice of discontinuance was not shown to have been filed with leave or the defendant's consent, the defendant was willing to consent to discontinuance on appropriate costs terms. Leave was therefore granted to discontinue the whole proceedings, the proceedings were discontinued, and the plaintiff was ordered to pay the defendant's costs as agreed or assessed.

Court Disposition

Leave granted to discontinue the proceedings; proceedings discontinued; plaintiff to pay defendant's costs as agreed or assessed.

Orders

  • ['I grant leave to the plaintiff to discontinue the whole of these proceedings.' 'The proceedings are discontinued.' "The plaintiff is to pay the defendant's costs as agreed or assessed."]