Winn v Leigh [2014] FCA 518

Winn v Leigh [2014] FCA 518

The court found there was no sufficient doubt attaching to the costs order or evidence of substantial injustice that would justify granting leave to appeal. Any discrepancy between the pronounced and issued order did not have practical effect, as the costs were fixed and did not cause injustice. The applicant's allegations of bias were unsupported by the evidence, as the transcript and correspondence showed that an adjournment was indeed sought.

Jurisdiction
Australia
Judgment Date
15 May 2014
Procedural Posture
Application for Leave to Appeal / Judgment on Leave to Appeal
Outcome
Application for leave to appeal dismissed
Legal Topics
['costs Orders' 'leave to Appeal' 'apprehended Bias' 'interlocutory Appeal']
['bankruptcy' 'civil Procedure'] ['costs Orders' 'leave to Appeal' 'apprehended Bias' 'interlocutory Appeal']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Application for Leave to Appeal / Judgment on Leave to Appeal

Legal Issues

  1. 1 ['Whether the primary judge erred in making the costs order' 'Whether leave to appeal should be granted against the interlocutory costs order' 'Whether apprehended bias existed by the primary judge in awarding costs']

Ratio Decidendi

The court found there was no sufficient doubt attaching to the costs order or evidence of substantial injustice that would justify granting leave to appeal. Any discrepancy between the pronounced and issued order did not have practical effect, as the costs were fixed and did not cause injustice. The applicant's allegations of bias were unsupported by the evidence, as the transcript and correspondence showed that an adjournment was indeed sought.

Court Disposition

Application for leave to appeal dismissed

Orders

  • ['The application for leave to appeal is dismissed.' "The applicant pay the respondent's costs of and incidental to the application, including reserved costs, to be taxed if not agreed."]