J and E Vella Pty Limited v Hobson (No 2) [2020] NSWCA 256

J and E Vella Pty Limited v Hobson (No 2) [2020] NSWCA 256

Leave to appeal refused as application satisfied none of the usual criteria for costs appeals and no reasonably arguable error was demonstrated in the quantification of costs.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
16 October 2020
Procedural Posture
Application for Leave to Appeal / Judgment Rejecting Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['gross Sum Costs Order' 'indemnity Costs' 'costs Assessment' 'appeal Procedure']
['costs' 'civil Procedure'] ['gross Sum Costs Order' 'indemnity Costs' 'costs Assessment' 'appeal Procedure']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Application for Leave to Appeal / Judgment Rejecting Leave to Appeal

Legal Issues

  1. 1 ['Whether leave to appeal should be granted for a gross sum costs order quantifying wasted costs' 'Whether the quantification order was unreasonable or unjust' 'Whether the primary judge failed to properly consider expert evidence on costs']

Ratio Decidendi

Leave to appeal refused as application satisfied none of the usual criteria for costs appeals and no reasonably arguable error was demonstrated in the quantification of costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['Application for leave to appeal dismissed.' "Applicants to pay respondents' costs."]