What happens if the proceedings are dismissed in whole or in part?

Study for the New South Wales Civil Practice and Procedure Test. Engage with multiple choice questions, comprehensive explanations, and helpful insights. Ace your exam with confidence!

When proceedings are dismissed in whole or in part, it typically results in a cost order where the plaintiff is required to pay the defendant's costs proportional to that dismissal. This is grounded in the principle that the losing party in litigation generally bears the costs of the prevailing party. If a plaintiff's claim is dismissed, it signifies that the court has decided against the plaintiff, typically because the claims were not substantiated or were procedurally flawed. As a result, the dismissal warrants an order for the plaintiff to cover the defendant's costs incurred in defending the action that has now been concluded, thereby making the choice regarding the plaintiff's obligation to pay the defendant’s costs fully justifiable within the framework of civil procedure.

In contrast, the other options presented do not align with established legal principles. There isn’t a requirement for the defendant to always be made to pay the plaintiff's costs if the proceedings are dismissed, nor does dismissal automatically lead to the reinstatement of proceedings or necessitate a new order for cost adjustments from the court. Thus, the correct answer aligns with the standard practices governing dismissal outcomes.

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