Carlovers Carwash Ltd & Ors v Sahathevan [2001] NSWSC 351

Carlovers Carwash Ltd & Ors v Sahathevan [2001] NSWSC 351

Leave to discontinue should be granted because the proceedings were not shown to be an abuse of process, but conditions were necessary to preserve the defendant's relevant advantage: none of the plaintiffs may institute or continue proceedings in Australia or Malaysia based on the two publications sued upon, and all plaintiffs must pay the defendant's costs of the proceedings to date, including the costs of the hearing.

Jurisdiction
Australia
Judgment Date
02 May 2001
Procedural Posture
Common Law Proceedings With Claims Pursuant to the Fair Trading Act and the Tort Law of Defamation Arising From Two Electronic Mail Messages / Motion by the First, Second, Fourth, Fifth and Sixth Plaintiffs Seeking Leave to Discontinue the Whole of the Proceedings
Outcome
Leave granted to plaintiffs to discontinue action number 5110/99 on conditions.
Legal Topics
['discontinuance of Proceedings' 'conditions on Leave to Discontinue' 'protection of Advantage to Defendant' 'abuse of Process' 'costs']
['civil Procedure' 'defamation' 'fair Trading'] ['discontinuance of Proceedings' 'conditions on Leave to Discontinue' 'protection of Advantage to Defendant' 'abuse of Process' 'costs']

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Procedural Posture

Common Law Proceedings With Claims Pursuant to the Fair Trading Act and the Tort Law of Defamation Arising From Two Electronic Mail Messages / Motion by the First, Second, Fourth, Fifth and Sixth Plaintiffs Seeking Leave to Discontinue the Whole of the Proceedings

Legal Issues

  1. 1 ['Whether the plaintiffs should be granted leave to discontinue the proceedings.' 'Whether conditions should be imposed to protect the defendant from losing an advantage gained in the litigation.' 'Whether the current proceedings should be stayed as an abuse of process pursuant to Pt 13 r 5.' "Whether the plaintiffs should pay the defendant's costs of the proceedings to date and how those costs should be assessed."]

Ratio Decidendi

Leave to discontinue should be granted because the proceedings were not shown to be an abuse of process, but conditions were necessary to preserve the defendant's relevant advantage: none of the plaintiffs may institute or continue proceedings in Australia or Malaysia based on the two publications sued upon, and all plaintiffs must pay the defendant's costs of the proceedings to date, including the costs of the hearing.

Court Disposition

Leave granted to plaintiffs to discontinue action number 5110/99 on conditions.

Orders

  • ['The plaintiffs have leave to discontinue action number 5110/99.' 'No one of the plaintiffs shall institute or continue proceedings in Australia or Malaysia based upon the publications of 14 November 1999 and 11 January 2000 which are sued upon in these current proceedings.' "All six plaintiffs are to pay the...