GORCZYNSKI v Annandale Services Pty Limited & 1 Ors; GORCZYNSKI v PERERA & 1 Ors; GORCZYNSKI v Leichhardt Council [2004] NSWCA 71

GORCZYNSKI v Annandale Services Pty Limited & 1 Ors; GORCZYNSKI v PERERA & 1 Ors; GORCZYNSKI v Leichhardt Council [2004] NSWCA 71

There was no demonstrated manifest error, nor error of the kind warranting appellate intervention in the trial judge's exercise of discretion as to costs. The appeal did not meet the threshold for leave under s101(2)(c), as no more than a difference of opinion was shown, and no relevant error of principle or misapprehension of facts or law was established.

Jurisdiction
Australia
Judgment Date
15 March 2004
Procedural Posture
Applications for Leave to Appeal (costs Only) / Court of Appeal Judgment on Leave to Appeal Against Costs Orders
Outcome
Each of the three leaves to appeal denied with costs against the claimant in each case.
Legal Topics
['costs' 'appeal' 'discretion to Award Costs' 'leave to Appeal on Costs Only']
['civil Procedure'] ['costs' 'appeal' 'discretion to Award Costs' 'leave to Appeal on Costs Only']

Case Brief

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Procedural Posture

Applications for Leave to Appeal (costs Only) / Court of Appeal Judgment on Leave to Appeal Against Costs Orders

Legal Issues

  1. 1 ['Whether leave to appeal should be granted in respect of costs orders only under Supreme Court Act 1970 s101(2)(c)' 'Whether the trial judge erred in exercising discretion on costs']

Ratio Decidendi

There was no demonstrated manifest error, nor error of the kind warranting appellate intervention in the trial judge's exercise of discretion as to costs. The appeal did not meet the threshold for leave under s101(2)(c), as no more than a difference of opinion was shown, and no relevant error of principle or misapprehension of facts or law was established.

Court Disposition

Each of the three leaves to appeal denied with costs against the claimant in each case.

Orders

  • ['Leave to appeal is refused in each of CA 40699/03, CA 40137/03, and CA 40138/03.' 'Costs to be paid by the claimant in each case.']