Adam Warner v Liddell Coal Operations Pty Limited; Lauren Warner v Liddell Coal Operations Pty Limited [2023] NSWDC 653
Leave to discontinue was granted as the plaintiffs were not ready and did not wish to proceed. Costs are not ordered unless the defendant establishes frivolity or vexatiousness; leave is granted to apply for costs in specified circumstances.
- Parties
- Plaintiff: Adam Warner; Plaintiff: Lauren Warner; Defendant: Liddell Coal Operations Pty Limited
- Jurisdiction
- Australia
- Judgment Date
- 04 December 2023
- Procedural Posture
- Civil / Discontinuance Application Before Hearing
- Outcome
- Leave to discontinue granted
- Legal Topics
- Discontinuance of Proceedings, Costs, Coal Miners' Workers Compensation List
Case Brief
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Parties
Adam Warner
Plaintiff
Lauren Warner
Plaintiff
Liddell Coal Operations Pty Limited
Defendant
Procedural Posture
Civil / Discontinuance Application Before Hearing
Legal Issues
- 1 Whether leave to discontinue should be granted
- 2 Whether costs should be ordered against plaintiffs on discontinuance
Ratio Decidendi
Leave to discontinue was granted as the plaintiffs were not ready and did not wish to proceed. Costs are not ordered unless the defendant establishes frivolity or vexatiousness; leave is granted to apply for costs in specified circumstances.
Court Disposition
Leave to discontinue granted
Orders
- Leave to each plaintiff to discontinue proceedings pursuant to section 14, Civil Procedure Act 2005
- Requirements of UCPR part 12 regarding filing of notice of discontinuance dispensed with
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