Diaz v Ruddock; Attie v Ruddock (No 2) [2021] NSWSC 908

Diaz v Ruddock; Attie v Ruddock (No 2) [2021] NSWSC 908

As the proceedings were dismissed and no declaratory or injunctive relief was warranted on the facts, the general principle that costs follow the event applies; content of the obligation to consult is fact-specific and not suitable for declaration or injunction in the absence of concrete controversy.

Parties
First Plaintiff: Jess Diaz; Second Plaintiff: Peter Camilleri; Plaintiff: Ned Attie; First Defendant: Phillip Ruddock; Second Defendant: Chris Stone; Third Defendant: Penny George; Fourth Defendant: Christopher Rath; Fifth Defendant: Tobias Lehmann; Sixth Defendant: Aileen MacDonald; Seventh Defendant: Mary-Lou Jarvis; Eighth Defendant: Matthew Camenzuli
Jurisdiction
Australia
Judgment Date
23 July 2021
Procedural Posture
Equity/costs Determination / Final Orders Following Principal Judgment
Outcome
Proceedings dismissed. Plaintiffs to pay the defendants' costs.
Legal Topics
Party/party Costs, Equitable Remedies, Declarations, Injunctions, Obligation to Consult
Costs Equity Party/party Costs Equitable Remedies Declarations Injunctions Obligation to Consult

Case Brief

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Parties

Jess Diaz

First Plaintiff

Peter Camilleri

Second Plaintiff

Ned Attie

Plaintiff

Phillip Ruddock

First Defendant

Chris Stone

Second Defendant

Penny George

Third Defendant

Christopher Rath

Fourth Defendant

Tobias Lehmann

Fifth Defendant

Aileen MacDonald

Sixth Defendant

Mary-Lou Jarvis

Seventh Defendant

Matthew Camenzuli

Eighth Defendant

Procedural Posture

Equity/costs Determination / Final Orders Following Principal Judgment

Legal Issues

  1. 1 Appropriate orders for costs following unsuccessful application for declarations and injunctions
  2. 2 Availability of declarations/injunctions where content of obligation is fact specific and no concrete controversy exists

Ratio Decidendi

As the proceedings were dismissed and no declaratory or injunctive relief was warranted on the facts, the general principle that costs follow the event applies; content of the obligation to consult is fact-specific and not suitable for declaration or injunction in the absence of concrete controversy.

Court Disposition

Proceedings dismissed. Plaintiffs to pay the defendants' costs.

Orders

  • The Amended Summons is dismissed.
  • Plaintiffs to pay the eighth defendant's costs of these proceedings.