THE PUBLIC TRUSTEE v. SKEET [1995] NSWCA 381

THE PUBLIC TRUSTEE v. SKEET [1995] NSWCA 381

There was no clear principle or serious injustice warranting leave to appeal the discretionary costs order; decision below involved proper exercise of discretion.

Parties
Appellant: The Public Trustee; Respondent: Skeet
Jurisdiction
Australia
Judgment Date
08 May 1995
Procedural Posture
Appeal / Leave to Appeal From Costs Order
Outcome
Leave to appeal refused
Legal Topics
Costs, Appeal Leave, Discretion
Civil Procedure Costs Appeal Leave Discretion

Case Brief

Summary, issues, holding and outcome

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Parties

The Public Trustee

Appellant

Skeet

Respondent

Procedural Posture

Appeal / Leave to Appeal From Costs Order

Legal Issues

  1. 1 Whether leave should be granted to appeal a discretionary costs order after removal of a party from proceedings

Ratio Decidendi

There was no clear principle or serious injustice warranting leave to appeal the discretionary costs order; decision below involved proper exercise of discretion.

Court Disposition

Leave to appeal refused

Orders

  • Summons dismissed with costs.