Clark v Richards

In the case of Clark v Richards, the plaintiff, Clark, sought leave to discontinue the action against the defendants, Richards, without incurring liability for costs. The defendants, Richards, had been involved in various instances of non-compliance with court directions and had exhibited conduct that deterred the plaintiff from proceeding with the action and interfered with the administration of justice. The case was before the court to determine the appropriate conditions, if any, that should be attached to the grant of leave to discontinue the action.

The court was tasked with considering whether leave to discontinue should be granted and, if so, what conditions should be imposed to protect the defendants' rights and to ensure that justice was not compromised. The court examined the defendants' conduct in refusing to abide by court directions, the effect of this conduct on the plaintiff's ability to proceed with the action, and whether any terms should be attached to the discontinuance to protect the defendants' rights.

The court found that the defendants had deliberately refrained from taking steps to relist their further application to amend, and they were primarily responsible for the delay in the progress of the action. The court concluded that leave should be granted to discontinue the action without liability as to costs, subject to certain conditions. These conditions included the plaintiff undertaking not to enforce orders for costs made in her favour in the course of the litigation and not to bring any further proceedings in relation to the action without leave of the court.

The court ordered that the plaintiff be granted leave to discontinue the action without incurring liability for costs, subject to the conditions outlined in the judgment. The court also made an order that the plaintiff not bring any further proceedings in relation to the action without leave of the court and that the plaintiff undertake not to enforce orders for costs made in her favour in the course of the litigation.