Ainsworth & Anor v Stapleton Johnson & Partners [2020] NSWSC 252

Neither party acted so unreasonably as to displace the usual principle that, in the absence of a determination on the merits, each party should bear its own costs.

Parties: Plaintiff: Geoff Ainsworth; Defendant: Lucas Stapleton Johnson & Partners Pty Ltd
Jurisdiction: Australia
Judgment Date: 18 March 2020
Procedural Posture: Preliminary Discovery Application / Costs Determination Following Resolution Without Hearing
Outcome: Application dismissed; each party to bear their own costs
Legal Topics: Pre Trial Discovery, Costs Discretion, Dismissal of Summons

Costs Civil Procedure Pre Trial Discovery Costs Discretion Dismissal of Summons

Case Brief

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2

Parties

Geoff Ainsworth

Plaintiff

Lucas Stapleton Johnson & Partners Pty Ltd

Defendant

Procedural Posture

Preliminary Discovery Application / Costs Determination Following Resolution Without Hearing

Legal Issues

1 Appropriate order as to costs following resolution of a preliminary discovery application without a judicial decision on the merits

Ratio Decidendi

Neither party acted so unreasonably as to displace the usual principle that, in the absence of a determination on the merits, each party should bear its own costs.

Court Disposition

Application dismissed; each party to bear their own costs

Orders

The summons filed on 6 December 2019 is dismissed
Each party is to bear his, her or its own costs of the proceedings