Carroll v Clarence Valley Council [2016] NSWSC 745

Carroll v Clarence Valley Council [2016] NSWSC 745

Justice requires refusing the adjournment because the claim has very limited or no prospect of success on the current evidence, further delay would incur unjustified costs for the defendant, and proceedings must be conducted expeditiously. Leave is granted to discontinue with costs to the defendant.

Parties
Plaintiff: Lorraine Carroll; Defendant: Clarence Valley Council
Jurisdiction
Australia
Judgment Date
03 June 2016
Procedural Posture
Civil / Adjournment Application and Discontinuance at Trial
Outcome
Application for adjournment refused; leave to discontinue granted; costs awarded to defendant
Legal Topics
Trespass, Boundary Dispute, Survey Evidence, Adjournment Application, Discontinuance, Costs
Real Property Trespass Boundary Dispute Survey Evidence Adjournment Application Discontinuance Costs

Case Brief

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Parties

Lorraine Carroll

Plaintiff

Clarence Valley Council

Defendant

Procedural Posture

Civil / Adjournment Application and Discontinuance at Trial

Legal Issues

  1. 1 Whether an adjournment should be granted to the plaintiff to obtain further evidence and investigate boundary issues
  2. 2 Whether leave should be granted to the plaintiff to discontinue proceedings
  3. 3 Entitlement to costs following discontinuance

Ratio Decidendi

Justice requires refusing the adjournment because the claim has very limited or no prospect of success on the current evidence, further delay would incur unjustified costs for the defendant, and proceedings must be conducted expeditiously. Leave is granted to discontinue with costs to the defendant.

Court Disposition

Application for adjournment refused; leave to discontinue granted; costs awarded to defendant

Orders

  • The application for an adjournment is refused.
  • Leave is granted to the plaintiff to discontinue proceedings, commenced by the Amended Statement of Claim dated 6 August 2014.