Boros v Swann [2014] NSWDC 227

The plaintiff, having discontinued the claim and failed to show any reason to depart from the usual rule, is ordered to pay the defendant's costs.

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Civil / Discontinuance, Costs Determination

1 ['Whether the usual costs consequences following discontinuance should be varied under UCPR rr 42.9 and 42.20' 'Whether the plaintiff’s partial success in earlier interlocutory steps affects costs entitlement']

The plaintiff, having discontinued the claim and failed to show any reason to depart from the usual rule, is ordered to pay the defendant's costs.

Proceedings discontinued; plaintiff to pay defendant's costs.

['On the application of the plaintiff, these proceedings are discontinued.' 'The plaintiff is to pay the costs of the defendant of these proceedings.']