Remnant v Samuels Transport Services Pty Limited t/as Samuels Transport and Couriers [2021] NSWSC 203

Remnant v Samuels Transport Services Pty Limited t/as Samuels Transport and Couriers [2021] NSWSC 203

The re-listing was caused by the plaintiff's unreasonable refusal to attend refresher medical appointments arranged by the defendants. Although the directions would have required variation in any event, that could have been done by consent orders without a re-listing. The plaintiff's conduct caused the defendants to incur the costs of the appearance, and there was no reason to depart from the general rule that costs ought follow the event.

Jurisdiction
Australia
Judgment Date
10 March 2021
Procedural Posture
Common Law Negligence Damages Proceeding; Costs Application / Determination on the Papers of Costs of the Appearance on 2 March 2021 After the Matter Was Re Listed for Further Directions
Outcome
Plaintiff ordered to pay the defendants' costs of the appearance on 2 March 2021.
Legal Topics
['party/party Costs' 'costs Follow the Event' 'medical Examination of Plaintiff' 'overriding Purpose' 'compliance With Directions']
['costs' 'civil Procedure' 'negligence'] ['party/party Costs' 'costs Follow the Event' 'medical Examination of Plaintiff' 'overriding Purpose' 'compliance With Directions']

Case Brief

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Procedural Posture

Common Law Negligence Damages Proceeding; Costs Application / Determination on the Papers of Costs of the Appearance on 2 March 2021 After the Matter Was Re Listed for Further Directions

Legal Issues

  1. 1 ["Whether the plaintiff should pay the defendants' costs of the appearance on 2 March 2021." "Whether the defendants' re-listing of the matter was caused by the plaintiff's refusal to attend refresher medical appointments arranged by the defendants." 'Whether there was reason to depart from the general rule that costs ought follow the event.']

Ratio Decidendi

The re-listing was caused by the plaintiff's unreasonable refusal to attend refresher medical appointments arranged by the defendants. Although the directions would have required variation in any event, that could have been done by consent orders without a re-listing. The plaintiff's conduct caused the defendants to incur the costs of the appearance, and there was no reason to depart from the general rule that costs ought follow the event.

Court Disposition

Plaintiff ordered to pay the defendants' costs of the appearance on 2 March 2021.

Orders

  • ["Order the plaintiff to pay the defendants' costs of the appearance on 2 March 2021."]