Surana v ANZ Banking Group Limited [2014] NSWCA 10

Surana v ANZ Banking Group Limited [2014] NSWCA 10

No reason was advanced sufficient to depart from the costs consequence on discontinuance. Despite the applicants' disadvantageous circumstances, they had brought the respondent to Court, the respondent had incurred costs, and the Court's preliminary view was that the prospects of success on the summons were minimal. The application to avoid an adverse costs order was therefore rejected.

Jurisdiction
Australia
Judgment Date
03 February 2014
Procedural Posture
Summons Seeking Leave to Appeal / Discontinuance of Summons; Costs Determination
Outcome
Summons for leave to appeal dismissed with costs.
Legal Topics
['discontinuance of Proceedings' 'costs on Discontinuance' 'leave to Appeal' 'uniform Civil Procedure Rules 2005']
['costs' 'civil Procedure' 'appeals'] ['discontinuance of Proceedings' 'costs on Discontinuance' 'leave to Appeal' 'uniform Civil Procedure Rules 2005']

Case Brief

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Procedural Posture

Summons Seeking Leave to Appeal / Discontinuance of Summons; Costs Determination

Legal Issues

  1. 1 ["Whether the applicants, having discontinued the summons for leave to appeal, should be relieved from the usual order that a discontinuing party pay the other party's costs." "Whether the applicants' personal, financial and background circumstances justified making no order as to costs."]

Ratio Decidendi

No reason was advanced sufficient to depart from the costs consequence on discontinuance. Despite the applicants' disadvantageous circumstances, they had brought the respondent to Court, the respondent had incurred costs, and the Court's preliminary view was that the prospects of success on the summons were minimal. The application to avoid an adverse costs order was therefore rejected.

Court Disposition

Summons for leave to appeal dismissed with costs.

Orders

  • ['The summons for leave to appeal is dismissed with costs.']