Seeley International Pty Ltd v Brivis Australia Pty Ltd [2003] FCAFC 130

Seeley International Pty Ltd v Brivis Australia Pty Ltd [2003] FCAFC 130

The application for leave to appeal should be dismissed because the challenged costs order was an interlocutory order, the principles governing appeals from such orders were correctly applied, and no error of law or principle or misunderstanding of facts by the primary judge was identified.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
22 May 2003
Procedural Posture
Application for Leave to Appeal / Full Court Appeal From Interlocutory Costs Order
Outcome
application for leave dismissed with costs
Legal Topics
['interlocutory Orders' 'costs' 'leave to Appeal']
['civil Procedure'] ['interlocutory Orders' 'costs' 'leave to Appeal']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Application for Leave to Appeal / Full Court Appeal From Interlocutory Costs Order

Legal Issues

  1. 1 ['Whether leave to appeal is required for the challenged costs order' 'Whether leave to appeal should be granted' 'Whether the primary judge erred in the exercise of discretion as to costs']

Ratio Decidendi

The application for leave to appeal should be dismissed because the challenged costs order was an interlocutory order, the principles governing appeals from such orders were correctly applied, and no error of law or principle or misunderstanding of facts by the primary judge was identified.

Court Disposition

application for leave dismissed with costs

Orders

  • ['The application for leave be dismissed.' 'The applicant pay the costs of the respondent.']