Alexander KNAUS v Bethany Eggins

Alexander Knaus (the applicant) sought leave to appeal against an interlocutory decision of the Chief Justice concerning the application of the *Civil Law (Wrongs) Act 2002* (ACT). The dispute centred on whether the Act applied when a party sought an order for costs exceeding those ordinarily recoverable under Chapter 14 of the Act.

The primary legal issue before the Full Court was whether the Chief Justice had erred in their interlocutory decision regarding the recoverability of costs under the *Civil Law (Wrongs) Act 2002* (ACT). In considering an application for leave to appeal against an interlocutory decision, the court was required to determine if the applicant could demonstrate both an error by the primary judge and that an injustice would result if the decision were allowed to stand.

The Full Court reasoned that for leave to appeal to be granted in such circumstances, the applicant bore the onus of proving that the Chief Justice had fallen into error and that allowing the interlocutory decision to stand would occasion injustice. As the applicant failed to satisfy this threshold, the application for leave to appeal was dismissed.

Consequently, the Full Court ordered that the application for leave to appeal be refused and that the applicant pay the respondent's costs.