Reid & Anor v Shearan & Anor [2002] NSWSC 902

Reid & Anor v Shearan & Anor [2002] NSWSC 902

The plaintiffs acted reasonably in commencing proceedings due to the defendants' conduct, including impeded access and refusal to negotiate, and thus are entitled to discontinue with leave, with the defendants to pay half the plaintiffs' costs as neither party acted wholly unreasonably.

Source-derived case information.

Parties
Plaintiff: William George Reid; Plaintiff: Margaret Law Reid; Defendant: John Charles Shearan; Defendant: Joyce Evelyn Weller
Jurisdiction
Australia
Judgment Date
01 October 2002
Procedural Posture
Equity Proceedings / Application for Leave to Discontinue and for Costs
Outcome
Leave granted to the plaintiffs to file a notice of discontinuance; defendants to pay half the plaintiffs' costs.
Legal Topics
Discontinuance, Costs, Reasonableness of Actions
Equity Discontinuance Costs Reasonableness of Actions

Source-derived case record

Summary, issues, holding and outcome

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Parties

William George Reid

Plaintiff

Margaret Law Reid

Plaintiff

John Charles Shearan

Defendant

Joyce Evelyn Weller

Defendant

Procedural Posture

Equity Proceedings / Application for Leave to Discontinue and for Costs

Legal Issues

  1. 1 Whether leave should be granted to the plaintiffs to discontinue the proceedings
  2. 2 Entitlement to costs upon discontinuance
  3. 3 Reasonableness of parties' actions in the conduct of the dispute

Ratio Decidendi

The plaintiffs acted reasonably in commencing proceedings due to the defendants' conduct, including impeded access and refusal to negotiate, and thus are entitled to discontinue with leave, with the defendants to pay half the plaintiffs' costs as neither party acted wholly unreasonably.

Court Disposition

Leave granted to the plaintiffs to file a notice of discontinuance; defendants to pay half the plaintiffs' costs.

Orders

  • Leave be granted to the plaintiffs to file a notice of discontinuance.
  • The defendants pay half the plaintiffs' costs.