Gould, Stephen v Day, Julian [1998] FCA 589

Gould, Stephen v Day, Julian [1998] FCA 589

Leave to appeal was not granted because there was no reasonable basis or real possibility of successfully challenging the judge's broad discretion regarding costs; no error in principle was shown.

Jurisdiction
Australia
Judgment Date
22 May 1998
Procedural Posture
Notice of Motion Relating to an Appeal From an Interlocutory Costs Order / Application for Leave to Appeal; Determination of Competence of Appeal
Outcome
Leave to appeal refused; appeal dismissed as incompetent; costs of application awarded to respondent.
Legal Topics
['costs' 'appeals' 'interlocutory Orders']
['civil Procedure'] ['costs' 'appeals' 'interlocutory Orders']

Case Brief

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Procedural Posture

Notice of Motion Relating to an Appeal From an Interlocutory Costs Order / Application for Leave to Appeal; Determination of Competence of Appeal

Legal Issues

  1. 1 ['Whether leave is required to appeal an interlocutory costs order' 'Whether leave to appeal should be granted' 'Whether the appeal is competent']

Ratio Decidendi

Leave to appeal was not granted because there was no reasonable basis or real possibility of successfully challenging the judge's broad discretion regarding costs; no error in principle was shown.

Court Disposition

Leave to appeal refused; appeal dismissed as incompetent; costs of application awarded to respondent.

Orders

  • ['Leave to appeal is not granted.' 'Appeal dismissed as incompetent.' 'Respondent to have costs of this application.']