Costs on discontinuation

Hopoate v National Rugby League Limited [2016] NSWSC 1029 Legal principles A plaintiff who discontinues proceedings must ordinarily pay the costs of the party against which the discontinued claim was brought, unless the court otherwise orders: UCPR r 42.19(2). This...

Costs where no determination on the merits

Coast Property Realty Pty Ltd v Falconer [2016] NSWSC 214 The parties acknowledge that the authorities, on the operation of r 42.19, indicate that circumstances in which it may be appropriate for a court to make a contrary order include where the plaintiff has...