Maclean v Brylewski [2023] NSWCA 128

Maclean v Brylewski [2023] NSWCA 128

The appeal was found to be misconceived and ultimately conceded as having no utility. There was no error by the primary judge that would give rise to issue estoppel, and the applicant pursued numerous unmeritorious grounds. The general rule that costs follow the event was applied, and there was no sufficient reason to depart from that rule.

Parties
Applicant: Jacqueline Maclean; First Respondent: Maria Brylewski; Second Respondent: Tadeusz Brylewski
Jurisdiction
Australia
Judgment Date
08 June 2023
Procedural Posture
Appeal / Costs Determination Following Dismissal of Appeal
Outcome
Application dismissed; applicant to pay respondents' costs.
Legal Topics
Appeals, Leave to Appeal, Costs, Issue Estoppel, Possession Proceedings
Civil Procedure Appeals Leave to Appeal Costs Issue Estoppel Possession Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Jacqueline Maclean

Applicant

Maria Brylewski

First Respondent

Tadeusz Brylewski

Second Respondent

Procedural Posture

Appeal / Costs Determination Following Dismissal of Appeal

Legal Issues

  1. 1 Whether leave to appeal was required based on monetary threshold
  2. 2 Whether costs should follow the event after discontinuance or dismissal of appeal
  3. 3 Whether issue estoppel arose from earlier proceedings relating to the validity of the deed

Ratio Decidendi

The appeal was found to be misconceived and ultimately conceded as having no utility. There was no error by the primary judge that would give rise to issue estoppel, and the applicant pursued numerous unmeritorious grounds. The general rule that costs follow the event was applied, and there was no sufficient reason to depart from that rule.

Court Disposition

Application dismissed; applicant to pay respondents' costs.

Orders

  • The applicant pay the respondents' costs of the proceedings in this Court.