WAUGH AND ANOR v MITCHELL [1994] NSWCA 340

WAUGH AND ANOR v MITCHELL [1994] NSWCA 340

Leave to appeal should not be granted unless there is evidence of a significant principle or clear error in the exercise of the trial judge's discretion regarding costs, and no such error or issue has been demonstrated in this case.

Parties
Applicant: Waugh; Respondent: Mitchell
Jurisdiction
Australia
Judgment Date
21 February 1994
Procedural Posture
Application for Leave to Appeal / Application for Leave to Appeal Against Costs Order
Outcome
application dismissed with costs
Legal Topics
Costs Orders, Exercise of Discretion, Leave to Appeal
Civil Procedure Costs Orders Exercise of Discretion Leave to Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Waugh

Applicant

Mitchell

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Court of Appeal should grant leave to appeal against a costs order made by a trial judge
  2. 2 Whether there was a miscarriage of discretion by the trial judge in making no order as to costs

Ratio Decidendi

Leave to appeal should not be granted unless there is evidence of a significant principle or clear error in the exercise of the trial judge's discretion regarding costs, and no such error or issue has been demonstrated in this case.

Court Disposition

application dismissed with costs

Orders

  • The application for leave to appeal is dismissed with costs.