Shaw v Official Trustee in Bankruptcy [1999] NSWSC 258

Shaw v Official Trustee in Bankruptcy [1999] NSWSC 258

Because the plaintiff did not appear when called, after having been present when the matter was stood over, and did not participate further after an adjournment was refused, the appropriate order was judgment for the defendants on the plaintiff's claim under SCR Pt 34 r 5. Although the first defendant's indemnity costs application had force, the Court did not accede to it and awarded both defendants ordinary costs.

Jurisdiction
Australia
Judgment Date
26 March 1999
Procedural Posture
Equity Proceeding / Hearing; Judgment After Plaintiff Did Not Appear
Outcome
Judgment entered for defendants.
Legal Topics
['supreme Court Practice' 'judgments and Orders' 'non Appearance by Plaintiff' 'costs']
['procedure'] ['supreme Court Practice' 'judgments and Orders' 'non Appearance by Plaintiff' 'costs']

Case Brief

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Procedural Posture

Equity Proceeding / Hearing; Judgment After Plaintiff Did Not Appear

Legal Issues

  1. 1 ['What order should be made where the plaintiff commenced to prosecute the claim at the hearing but absented himself during its course.' 'Whether the first defendant should receive costs on an indemnity basis.']

Ratio Decidendi

Because the plaintiff did not appear when called, after having been present when the matter was stood over, and did not participate further after an adjournment was refused, the appropriate order was judgment for the defendants on the plaintiff's claim under SCR Pt 34 r 5. Although the first defendant's indemnity costs application had force, the Court did not accede to it and awarded both defendants ordinary costs.

Court Disposition

Judgment entered for defendants.

Orders

  • ["Judgment for the defendants on the plaintiff's claim." "The plaintiff is to pay the defendants' costs of the proceedings."]