Surana v ANZ Banking Group Limited

The applicant, Surana, sought leave to appeal against an order of the primary judge in the Supreme Court of New South Wales. The dispute concerned the costs consequences of Surana discontinuing proceedings against ANZ Banking Group Limited.

The central legal issue before the Court of Appeal was whether the primary judge had erred in ordering Surana to pay ANZ's costs of the proceedings, notwithstanding Surana's discontinuance. This required the court to consider the application of rule 42.19 of the Uniform Civil Procedure Rules 2005 (NSW), which generally mandates that a discontinuing party pay the costs of the other party unless the court orders otherwise.

Beazley P and Emmett JA dismissed the summons for leave to appeal. Their Honours found no error in the primary judge's decision to order Surana to pay ANZ's costs. The court applied the principle that a discontinuance of proceedings typically carries an order for costs in favour of the non-discontinuing party, and that there was no basis to depart from this general rule in the circumstances of the case.

The summons for leave to appeal was dismissed with costs.