Field v Jenolan Caves Trust and Others [2008] NSWIRComm 137

Field v Jenolan Caves Trust and Others [2008] NSWIRComm 137

Given the continuing uncertainty and ambiguity caused by inconsistencies between the applicants' affidavits and amended pleadings, and respondents' proper conduct in raising these, it is appropriate that costs of the withdrawn notice of motion be reserved as costs in the cause; no order creating issue estoppel should be made and the matter will proceed for directions.

Jurisdiction
Australia
Judgment Date
21 July 2008
Procedural Posture
Unfair Contract / Interlocutory Application for Costs Following Withdrawal of Notice of Motion Challenging Jurisdiction
Outcome
Costs reserved; no dismissal of proceedings; matter listed for further directions.
Legal Topics
['unfair Contracts' 'jurisdiction' 'costs' 'interlocutory Proceedings' 'amendment of Pleadings']
['industrial Law'] ['unfair Contracts' 'jurisdiction' 'costs' 'interlocutory Proceedings' 'amendment of Pleadings']

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Procedural Posture

Unfair Contract / Interlocutory Application for Costs Following Withdrawal of Notice of Motion Challenging Jurisdiction

Legal Issues

  1. 1 ["Whether withdrawal of respondents' notice of motion challenging jurisdiction warrants an order for costs against the respondents" "Whether applicants' amendment of summons adequately addressed alleged inconsistencies between pleadings and evidence" 'Whether issue estoppel should be created by dismissal of notice of motion']

Ratio Decidendi

Given the continuing uncertainty and ambiguity caused by inconsistencies between the applicants' affidavits and amended pleadings, and respondents' proper conduct in raising these, it is appropriate that costs of the withdrawn notice of motion be reserved as costs in the cause; no order creating issue estoppel should be made and the matter will proceed for directions.

Court Disposition

Costs reserved; no dismissal of proceedings; matter listed for further directions.

Orders

  • ["Costs of the respondents' motion to be costs in the cause." 'Matter listed for directions at 9.30 am on Tuesday 29 July, 2008.']