Newman v Langhorn [1999] NSWSC 116

Newman v Langhorn [1999] NSWSC 116

The plaintiff's amended case had shifted from questioning the Consumer Claims Tribunal's jurisdiction to attacking the arbitration on serious allegations of arbitrator partiality, bias, misconduct and breach of natural justice. Those allegations required the builder to be joined and answered. Applying the prima facie rule that a plaintiff who discontinues proceedings should pay the other parties' costs, the Court ordered the plaintiff to pay one set of costs of Kevin Wilson and Kev Wilson Enterprises Pty Ltd. No costs or expenses were ordered for Mr Langhorn because he appeared in person, the record did not show that he had incurred legal costs, and he did not seek expenses.

Jurisdiction
Australia
Judgment Date
10 February 1999
Procedural Posture
Summons in the Administrative Law Division Concerning Consumer Claims Tribunal Jurisdiction and Later an Application to Set Aside Arbitration / Hearing of Plaintiff's Application to Discontinue and Determination of Costs
Outcome
Application to discontinue allowed; plaintiff ordered to pay one set of costs of the second and third defendants; no order for costs or expenses of the first defendant.
Legal Topics
['discontinuance by Plaintiff' 'costs on Discontinuance' 'consumer Claims Tribunal Jurisdiction' 'application to Set Aside Arbitration' 'allegations of Arbitrator Partiality, Bias and Breach of Natural Justice']
['administrative Law' 'civil Procedure' 'costs' 'arbitration'] ['discontinuance by Plaintiff' 'costs on Discontinuance' 'consumer Claims Tribunal Jurisdiction' 'application to Set Aside Arbitration' 'allegations of Arbitrator Partiality, Bias and Breach of Natural Justice']

Case Brief

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Procedural Posture

Summons in the Administrative Law Division Concerning Consumer Claims Tribunal Jurisdiction and Later an Application to Set Aside Arbitration / Hearing of Plaintiff's Application to Discontinue and Determination of Costs

Legal Issues

  1. 1 ["Whether the plaintiff should pay the builder's costs as a condition or consequence of discontinuing the proceedings." 'Whether the first defendant, who appeared in person, should receive an order for costs or expenses.']

Ratio Decidendi

The plaintiff's amended case had shifted from questioning the Consumer Claims Tribunal's jurisdiction to attacking the arbitration on serious allegations of arbitrator partiality, bias, misconduct and breach of natural justice. Those allegations required the builder to be joined and answered. Applying the prima facie rule that a plaintiff who discontinues proceedings should pay the other parties' costs, the Court ordered the plaintiff to pay one set of costs of Kevin Wilson and Kev Wilson Enterprises Pty Ltd. No costs or expenses were ordered for Mr Langhorn because he appeared in person, the record did not show that he had incurred legal costs, and he did not seek expenses.

Court Disposition

Application to discontinue allowed; plaintiff ordered to pay one set of costs of the second and third defendants; no order for costs or expenses of the first defendant.

Orders

  • ['Barbara Lesley Newman is to pay the costs of Kevin Wilson and Kev Wilson Enterprises Pty Limited of the proceedings.' 'Kevin Wilson and Kev Wilson Enterprises Pty Limited are to have only one set of costs.' "Mr Langhorn's application for costs and expenses is refused." 'As between Mrs Newman and Mr Langhorn, there...