Lewin v Racing NSW ABN 86281604417 (No 2) [2018] NSWSC 470

Where claims are formally abandoned and have caused the opposing parties to incur costs unnecessarily, the ordinary rule that 'costs follow the event' is displaced; costs should be paid by the party abandoning the claim to the extent of costs thrown away, with further specific apportionment for joined parties as appropriate.

Parties: Plaintiff: Leo Lewin; First Defendant: Racing NSW ABN 86281604417; Second Defendant: Minister for Racing for the State of New South Wales; Third Defendant: State of New South Wales
Jurisdiction: Australia
Judgment Date: 19 April 2018
Procedural Posture: Costs Determination / Post Substantive Hearing, Costs Orders Following Judgment
Outcome: Orders as to costs made
Legal Topics: Costs, Abandonment of Claims

Civil Procedure Costs Abandonment of Claims

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2

Parties

Leo Lewin

Plaintiff

Racing NSW ABN 86281604417

First Defendant

Minister for Racing for the State of New South Wales

Second Defendant

State of New South Wales

Third Defendant

Procedural Posture

Costs Determination / Post Substantive Hearing, Costs Orders Following Judgment

Legal Issues

1 Whether costs should follow the event when certain claims are abandoned
2 How costs should be apportioned where prayers for relief are withdrawn before trial commencement
3 From what point a newly joined party is liable for costs

Ratio Decidendi

Court Disposition

Orders as to costs made

Orders

Vacate Order 2 issued by the Court on 6 March 2018
The plaintiff shall pay costs thrown away by the first, third and fourth defendants relating to the prayers for relief contained in prayers [2], [3], [4] and [6] of the Summons and/or Amended Summons filed in the proceedings