Choo v Banking & Financial Services Ombudsman Ltd [2008] NSWSC 1098

Choo v Banking & Financial Services Ombudsman Ltd [2008] NSWSC 1098

The only real issue on appeal was costs; discretionary costs orders made by the Associate Judge did not miscarry and should be affirmed, with minor clarifications to the form of certain orders as to the dismissal of motions.

Jurisdiction
Australia
Judgment Date
02 September 2008
Procedural Posture
Appeal From Associate Judge Decision / Judgment on Appeal Regarding Costs and Clarification of Orders
Outcome
Appeal allowed in part; clarification of Associate Judge's orders; otherwise dismissed with costs.
Legal Topics
['appeals' 'self Represented Litigant' 'costs Orders' 'application for Adjournment' 'joinder of Defendant' 'amendment of Pleadings']
['civil Procedure'] ['appeals' 'self Represented Litigant' 'costs Orders' 'application for Adjournment' 'joinder of Defendant' 'amendment of Pleadings']

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Procedural Posture

Appeal From Associate Judge Decision / Judgment on Appeal Regarding Costs and Clarification of Orders

Legal Issues

  1. 1 ['Whether an adjournment should be granted for further submissions or to obtain transcript/audio recording' 'Whether the form of Associate Judge’s orders was correct and required clarification' 'Whether costs orders made by the Associate Judge miscarried']

Ratio Decidendi

The only real issue on appeal was costs; discretionary costs orders made by the Associate Judge did not miscarry and should be affirmed, with minor clarifications to the form of certain orders as to the dismissal of motions.

Court Disposition

Appeal allowed in part; clarification of Associate Judge's orders; otherwise dismissed with costs.

Orders

  • ["Vary orders 4 and 6 made by Macready AsJ on 10 July 2008 by inserting 'otherwise' before 'dismissed' in each case." 'Appeal otherwise dismissed.' "Plaintiff to pay defendants' costs of the appeal."]