Murrumbidgee Irrigation Ltd v M & H Acar Pty Ltd [2019] NSWSC 807

Murrumbidgee Irrigation Ltd v M & H Acar Pty Ltd [2019] NSWSC 807

The defendant's failure to respond to the plaintiff's demand to cease works, in circumstances where the plaintiff reasonably perceived a risk to important infrastructure, was so unreasonable as to warrant a costs order against the defendant, despite the proceedings not proceeding to a determination on the merits.

Jurisdiction
Australia
Judgment Date
01 July 2019
Procedural Posture
Equity Proceedings / Application for Leave to Discontinue and for Costs Following Discontinuance
Outcome
Plaintiff granted leave to discontinue; defendant ordered to pay plaintiff's costs up to and including 21 December 2018 and of the costs application; otherwise no order as to costs.
Legal Topics
['costs' 'easements' 'discontinuance of Proceedings']
['equity'] ['costs' 'easements' 'discontinuance of Proceedings']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Equity Proceedings / Application for Leave to Discontinue and for Costs Following Discontinuance

Legal Issues

  1. 1 ['Whether the plaintiff should be awarded costs where proceedings are discontinued under r 12.1 of the Uniform Civil Procedure Rules 2005 (NSW)' "Whether the defendant's conduct was so unreasonable as to warrant a departure from the ordinary rule as to costs on discontinuance"]

Ratio Decidendi

The defendant's failure to respond to the plaintiff's demand to cease works, in circumstances where the plaintiff reasonably perceived a risk to important infrastructure, was so unreasonable as to warrant a costs order against the defendant, despite the proceedings not proceeding to a determination on the merits.

Court Disposition

Plaintiff granted leave to discontinue; defendant ordered to pay plaintiff's costs up to and including 21 December 2018 and of the costs application; otherwise no order as to costs.

Orders

  • ['The plaintiff have leave pursuant to r 12.1 of the UCPR to discontinue these proceedings.' "The defendant is to pay the plaintiff's costs of the proceedings up to and including 21 December 2018 on the ordinary basis." "The defendant is to pay the plaintiff's costs of the contested costs application, on the...