MOON v LUPICA; MOON v LUPICA [1997] NSWCA 211

MOON v LUPICA; MOON v LUPICA [1997] NSWCA 211

No reason was shown for the court to believe the primary judge miscarried in exercising his discretion regarding costs; leave to appeal was refused.

Parties
Claimant: Moon; Respondent: Lupica
Jurisdiction
Australia
Judgment Date
19 May 1997
Procedural Posture
Application for Leave to Appeal / Application for Leave to Appeal Against Costs Orders
Outcome
applications dismissed with costs
Legal Topics
Costs, Appeals, Exercise of Discretion in Costs Orders
Civil Procedure Costs Appeals Exercise of Discretion in Costs Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Moon

Claimant

Lupica

Respondent

Procedural Posture

Application for Leave to Appeal / Application for Leave to Appeal Against Costs Orders

Legal Issues

  1. 1 Whether the primary judge's exercise of discretion in awarding costs miscarried
  2. 2 Whether leave to appeal against costs orders should be granted

Ratio Decidendi

No reason was shown for the court to believe the primary judge miscarried in exercising his discretion regarding costs; leave to appeal was refused.

Court Disposition

applications dismissed with costs

Orders

  • Applications for leave to appeal dismissed with costs