Gladio Pty Ltd v Buckworth [2016] NSWCA 321

Gladio Pty Ltd v Buckworth [2016] NSWCA 321

The application for leave to appeal was dismissed because there was insufficient prospect of demonstrating error in the application of UCPR, r 42.34 or procedural unfairness in the process adopted regarding costs, and no substantial injustice resulted from the orders made; further, even on a re-exercise of...

Source-derived case information.

Parties
Applicant: Gladio Pty Limited; Respondent: Virginia Louise Buckworth
Jurisdiction
Australia
Judgment Date
24 November 2016
Procedural Posture
Application for Leave to Appeal / Leave to Appeal From Costs Orders in Equity Division, Supreme Court NSW
Outcome
Application for leave to appeal dismissed with costs
Legal Topics
Costs, Jurisdiction, Rescission of Contract, Procedural Fairness
Civil Procedure Contracts Equity Costs Jurisdiction Rescission of Contract Procedural Fairness

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Parties

Gladio Pty Limited

Applicant

Virginia Louise Buckworth

Respondent

Procedural Posture

Application for Leave to Appeal / Leave to Appeal From Costs Orders in Equity Division, Supreme Court NSW

Legal Issues

  1. 1 Whether UCPR, r 42.34 applied to limit entitlement to costs for proceedings properly brought in the Supreme Court
  2. 2 Whether refusal to hear oral argument on costs amounted to denial of procedural fairness
  3. 3 Whether continuation of proceedings in Supreme Court warranted rather than District Court

Ratio Decidendi

The application for leave to appeal was dismissed because there was insufficient prospect of demonstrating error in the application of UCPR, r 42.34 or procedural unfairness in the process adopted regarding costs, and no substantial injustice resulted from the orders made; further, even on a re-exercise of discretion, there was no real prospect that a substantial order for costs would have been made in favour of the applicant.

Court Disposition

Application for leave to appeal dismissed with costs

Orders

  • Application for leave to appeal dismissed
  • Applicant to pay the costs of the application