Ying v I-Prosperity Pty Ltd [2020] FCA 1862

Ying v I-Prosperity Pty Ltd [2020] FCA 1862

It is just and appropriate to grant the applicant leave to discontinue the proceeding on the basis that each party bear its own costs where the respondents are either in liquidation, deregistered, uncontactable despite reasonable efforts, or have consented, and the applicant has no further utility in pursuing the action.

Jurisdiction
Australia
Judgment Date
22 December 2020
Procedural Posture
Interlocutory Application / Leave to Discontinue Proceeding
Outcome
Leave to discontinue granted
Legal Topics
['leave to Discontinue' 'costs' 'notice of Discontinuance' 'parties in Liquidation']
['practice and Procedure'] ['leave to Discontinue' 'costs' 'notice of Discontinuance' 'parties in Liquidation']

Case Brief

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Procedural Posture

Interlocutory Application / Leave to Discontinue Proceeding

Legal Issues

  1. 1 ['Whether the applicant should be granted leave to discontinue the proceeding against all respondents on the basis that each party bears its own costs.']

Ratio Decidendi

It is just and appropriate to grant the applicant leave to discontinue the proceeding on the basis that each party bear its own costs where the respondents are either in liquidation, deregistered, uncontactable despite reasonable efforts, or have consented, and the applicant has no further utility in pursuing the action.

Court Disposition

Leave to discontinue granted

Orders

  • ['The applicant be granted leave to discontinue the proceeding on the basis that each party bear its own costs.']