Clarke v Spurway [2009] NSWCA 180

Clarke v Spurway [2009] NSWCA 180

Leave to appeal was refused because the White Book was significantly deficient, the amount actually in issue on any appeal would be substantially less than the claimed costs, it was likely that some costs order would remain in favour of the respondent even if the applicant succeeded in part, and preparing and...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
30 June 2009
Procedural Posture
Application for Leave to Appeal From a Costs Decision / Court of Appeal Leave Application
Outcome
The application for leave to appeal was dismissed with costs.
Legal Topics
['application for Leave to Appeal' 'preparation of White Book' 'costs Order' 'additional Evidence on Appeal']
['procedure' 'costs' 'appellate Procedure'] ['application for Leave to Appeal' 'preparation of White Book' 'costs Order' 'additional Evidence on Appeal']

Source-derived case record

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Procedural Posture

Application for Leave to Appeal From a Costs Decision / Court of Appeal Leave Application

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from a decision in relation to costs made by Associate Justice McLaughlin.' 'Whether deficiencies in the White Book and the relatively small amount of costs actually in issue justified refusing leave despite an arguable case of error concerning later costs.']

Ratio Decidendi

Leave to appeal was refused because the White Book was significantly deficient, the amount actually in issue on any appeal would be substantially less than the claimed costs, it was likely that some costs order would remain in favour of the respondent even if the applicant succeeded in part, and preparing and hearing the appeal would involve very substantial additional costs.

Court Disposition

The application for leave to appeal was dismissed with costs.

Orders

  • ['The application for leave to appeal dismissed with costs.']