Rafaraci v ACN 000 761 973 Pty Ltd & Ors [2020] NSWDDT 3

Rafaraci v ACN 000 761 973 Pty Ltd & Ors [2020] NSWDDT 3

The plaintiff is not entitled to costs against the fifth and sixth defendants in relation to the proceedings against the first defendant, the plaintiff's Notice of Motion filed 24 February 2020 and Amended Notice of Motion filed 16 March 2020, and the fifth and sixth defendants' Notice of Motion filed 26 February 2020 and Amended Notice of Motion filed 29 April 2020, as steps taken were either a nullity due to company deregistration or unnecessary/flawed, warranting a discretionary costs order.

Jurisdiction
Australia
Judgment Date
06 May 2020
Procedural Posture
Costs Determination in Dust Diseases Proceedings / Post Pleadings, Determination of Costs Orders Following Amendments and Discontinuance
Outcome
Order that the plaintiff is to have no costs against the fifth and sixth defendants in relation to specified steps.
Legal Topics
['costs' 'discretionary Costs Orders' 'discontinuance' 'joinder of Insurers']
['civil Procedure' 'dust Diseases' 'insurance Law'] ['costs' 'discretionary Costs Orders' 'discontinuance' 'joinder of Insurers']

Case Brief

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Procedural Posture

Costs Determination in Dust Diseases Proceedings / Post Pleadings, Determination of Costs Orders Following Amendments and Discontinuance

Legal Issues

  1. 1 ['Whether the plaintiff should have costs against the fifth and sixth defendants in relation to proceedings against the deregistered first defendant and various motions' 'Appropriate exercise of discretion in awarding costs where nullity steps or flawed pleadings were filed']

Ratio Decidendi

The plaintiff is not entitled to costs against the fifth and sixth defendants in relation to the proceedings against the first defendant, the plaintiff's Notice of Motion filed 24 February 2020 and Amended Notice of Motion filed 16 March 2020, and the fifth and sixth defendants' Notice of Motion filed 26 February 2020 and Amended Notice of Motion filed 29 April 2020, as steps taken were either a nullity due to company deregistration or unnecessary/flawed, warranting a discretionary costs order.

Court Disposition

Order that the plaintiff is to have no costs against the fifth and sixth defendants in relation to specified steps.

Orders

  • ["The plaintiff is to have no costs against the fifth and sixth defendants in relation to: (a) the proceedings against the first defendant; (b) the plaintiff's Notice of Motion filed on 24 February 2020 and his Amended Notice of Motion filed on 16 March 2020; and (c) the fifth and sixth defendants' Notice of Motion...