HEMMING and ANOR v MALECKI and ORS [1997] NSWCA 144
The court found no error in the way the trial judge exercised discretion regarding the costs order.
- Parties
- Applicant: Hemming; Respondent: Malecki
- Jurisdiction
- Australia
- Judgment Date
- 10 November 1997
- Procedural Posture
- Application for Leave to Appeal / Determination of Application
- Outcome
- application refused with costs
- Legal Topics
- Costs, Judicial Discretion
Case Brief
Summary, issues, holding and outcome
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Parties
Hemming
Applicant
Malecki
Respondent
Procedural Posture
Application for Leave to Appeal / Determination of Application
Legal Issues
- 1 Whether the trial judge erred in exercising discretion in making the order for costs
Ratio Decidendi
The court found no error in the way the trial judge exercised discretion regarding the costs order.
Court Disposition
application refused with costs
Orders
- The application is refused with costs.
Full Case Text
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