The Court ordered costs of both notices of motion (plaintiff's expedition application and defendant's strike-out application) be costs in the cause. The plaintiff agreed to replead in light of the Court of Appeal's guidance in St Paul's College Ltd v Allan [2026] NSWCA 22 on pleading non-delegable duty in historical institutional abuse claims, rather than defend the existing statement of claim. The Court granted expedition based on the plaintiff's age and ill-health, fixing a trial date approximately three months out, but declined to make adverse costs orders against either party.
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