Qureshi v Lillywhite [2005] NSWSC 1291

Qureshi v Lillywhite [2005] NSWSC 1291

Leave to appeal was refused because the plaintiff did not discharge the onus of showing error in point of law or an entitlement to leave. The matter concerned a relatively modest costs dispute, involved the exercise of a discretion, raised no question of principle or public importance, and the circumstances...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
15 December 2005
Procedural Posture
Leave to Appeal Against Local Court Costs Order / Summons for Leave to Appeal Dismissed
Outcome
The summons is dismissed; the plaintiff is to pay the costs of the summons.
Legal Topics
['leave to Appeal' 'non Party Costs Order' 'indemnity Costs' 'discretion as to Costs' 'local Court Proceedings']
['civil Procedure' 'costs' 'appeals'] ['leave to Appeal' 'non Party Costs Order' 'indemnity Costs' 'discretion as to Costs' 'local Court Proceedings']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Leave to Appeal Against Local Court Costs Order / Summons for Leave to Appeal Dismissed

Legal Issues

  1. 1 ["Whether the plaintiff demonstrated an error in point of law in the Magistrate's order that he, as a non-party, pay the costs of the Local Court proceedings on an indemnity basis." 'Whether the plaintiff demonstrated an entitlement to leave to appeal under subs (3) of s69 of the Local Courts (Civil Claims) Act 1970.' 'Whether the Magistrate erred in exercising the discretion to make a costs order against a non-party.']

Ratio Decidendi

Leave to appeal was refused because the plaintiff did not discharge the onus of showing error in point of law or an entitlement to leave. The matter concerned a relatively modest costs dispute, involved the exercise of a discretion, raised no question of principle or public importance, and the circumstances supported the Magistrate's non-party costs order against the plaintiff.

Court Disposition

The summons is dismissed; the plaintiff is to pay the costs of the summons.

Orders

  • ['The summons is dismissed.' 'The plaintiff is to pay the costs of the summons.']