Nolan v Otis Elevator Company Pty Limited [2008] NSWCA 196

Nolan v Otis Elevator Company Pty Limited [2008] NSWCA 196

No issue of principle or error of discretion was identified warranting leave to appeal; the primary judge exercised discretion appropriately and parties' acceptance of the framework was relevant.

Parties
Applicant: John Nolan; Respondent: Otis Elevator Company Pty Limited
Jurisdiction
Australia
Judgment Date
11 August 2008
Procedural Posture
Application for Leave to Appeal / Dismissal of Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
Costs, Leave to Appeal, Discretionary Orders
Civil Procedure Costs Leave to Appeal Discretionary Orders

Case Brief

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Parties

John Nolan

Applicant

Otis Elevator Company Pty Limited

Respondent

Procedural Posture

Application for Leave to Appeal / Dismissal of Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted from a discretionary costs order

Ratio Decidendi

No issue of principle or error of discretion was identified warranting leave to appeal; the primary judge exercised discretion appropriately and parties' acceptance of the framework was relevant.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • Application for leave to appeal dismissed with costs.