Lam v Luu [2008] NSWSC 101

Lam v Luu [2008] NSWSC 101

The plaintiff's failure to comply with orders and delays in presenting evidence were the cause of the vacation of the previous hearing; accordingly, the plaintiff should pay the second defendant's costs thrown away by that vacation.

Jurisdiction
Australia
Judgment Date
29 January 2008
Procedural Posture
Equity Proceedings / Costs Ruling Following Discontinuance of Proceedings Against Second Defendant
Outcome
Plaintiff ordered to pay second defendant's costs thrown away by the earlier vacation of the trial.
Legal Topics
['costs' 'discontinuance' 'vacation of Trial' 'reserved Costs']
['civil Procedure'] ['costs' 'discontinuance' 'vacation of Trial' 'reserved Costs']

Case Brief

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Procedural Posture

Equity Proceedings / Costs Ruling Following Discontinuance of Proceedings Against Second Defendant

Legal Issues

  1. 1 ["Whether the plaintiff should be ordered to pay the second defendant's costs thrown away by the earlier vacation of the trial."]

Ratio Decidendi

The plaintiff's failure to comply with orders and delays in presenting evidence were the cause of the vacation of the previous hearing; accordingly, the plaintiff should pay the second defendant's costs thrown away by that vacation.

Court Disposition

Plaintiff ordered to pay second defendant's costs thrown away by the earlier vacation of the trial.

Orders

  • ['The amended summons is dismissed against the second defendant.' "The plaintiff shall pay the second defendant's costs, including those thrown away by the earlier vacation of the trial before Palmer J."]