Majetic v Nucifora Real Estate Pty Ltd [2023] NSWSC 1290

Majetic v Nucifora Real Estate Pty Ltd [2023] NSWSC 1290

On the basis of affidavits and expert advice showing no reasonable prospect of success against the second, third, and fourth defendants, the Court found discontinuance fair, reasonable, and in the interests of the two plaintiffs under legal incapacity.

Jurisdiction
Australia
Judgment Date
31 October 2023
Procedural Posture
Civil / Application for Approval of Discontinuance
Outcome
Discontinuance approved
Legal Topics
['approval of Discontinuance' 'personal Injury' 'legal Incapacity']
['civil Procedure'] ['approval of Discontinuance' 'personal Injury' 'legal Incapacity']

Case Brief

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Procedural Posture

Civil / Application for Approval of Discontinuance

Legal Issues

  1. 1 ['Whether discontinuance of proceedings against certain defendants is beneficial to plaintiffs under legal incapacity' 'Approval of discontinuance pursuant to s 76 Civil Procedure Act 2005 (NSW)']

Ratio Decidendi

On the basis of affidavits and expert advice showing no reasonable prospect of success against the second, third, and fourth defendants, the Court found discontinuance fair, reasonable, and in the interests of the two plaintiffs under legal incapacity.

Court Disposition

Discontinuance approved

Orders

  • ['Discontinuance of proceedings against the second, third and fourth defendants in each of the matters 2020/278984 and 2020/278993 is approved pursuant to s 76 of the Civil Procedure Act 2005 (NSW).' 'Each party is to pay its own costs of the proceedings.']