Dimitriou v Piscopo [2021] FCA 1201

Dimitriou v Piscopo [2021] FCA 1201

Given the applicant's wish to discontinue the proceeding, the lack of any justification for departure from the general rule as to costs, and the applicant's unprofessional and intemperate conduct, leave to discontinue is granted with an order for indemnity costs in favour of the first respondent and party and party costs for the remaining respondents.

Jurisdiction
Australia
Judgment Date
05 October 2021
Procedural Posture
Application / Application for Leave to Discontinue Proceeding; Costs Order Determination
Outcome
Leave to discontinue granted. Costs orders made.
Legal Topics
['leave to Discontinue' 'costs Orders' 'self Represented Litigants' 'abuse of Process']
['practice and Procedure' 'insolvency' 'bankruptcy'] ['leave to Discontinue' 'costs Orders' 'self Represented Litigants' 'abuse of Process']

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Procedural Posture

Application / Application for Leave to Discontinue Proceeding; Costs Order Determination

Legal Issues

  1. 1 ['Should the applicant be granted leave to file a notice of discontinuance?' 'Who should pay the costs of the proceeding and on what basis?']

Ratio Decidendi

Given the applicant's wish to discontinue the proceeding, the lack of any justification for departure from the general rule as to costs, and the applicant's unprofessional and intemperate conduct, leave to discontinue is granted with an order for indemnity costs in favour of the first respondent and party and party costs for the remaining respondents.

Court Disposition

Leave to discontinue granted. Costs orders made.

Orders

  • ['The applicant have leave to file a notice of discontinuance of the proceeding.' 'The applicant file a notice of discontinuance of the proceeding within three days of these orders.' 'If the applicant fails to file a notice of discontinuance as required, the proceeding be dismissed.' "The applicant pay the first...