“The proceedings were dismissed, so pay my costs!”
___
P commenced legal proceedings seeking specific performance of a deed that saw D grant P a drainage easement.
Shortly afterwards, the proceedings were dismissed by agreement.
When proceedings are dismissed the plaintiff ought to pay the defendant’s costs, unless the Court says otherwise: UCPR r42.20
P said D had engaged in unreasonable delay in relation to the deed, forcing P to commence proceedings: [4]
D said the deed had not been entered into properly before the proceedings were commenced: [5]
There was a degree of delay of delay and disorganisation about entering into the deed, and confusion about when the counterparts were executed: [6]
There was some suggestion that D might have engaged in unreasonable delay, but there was also a complaint that it took P the best part of a year to pay an $800 invoice required by the deed: [7]
Due to the delay in progressing the matter, the Court found it was not unreasonable for P to have commenced proceedings: [8]
However, the Court ordered each party to pay its own costs: [9]
This judgment confirms that a plaintiff may stand disappointed if it relies too heavily on r42.20 to carry the day.
