Arnott v Glissan

The applicants, Arnott and others, sought to set aside a costs agreement with the respondent, Glissan. The dispute concerned the construction of the terms of that agreement. The matter came before the Court of Appeal of New South Wales, constituted by Meagher, Barrett and Emmett JJA.

The primary legal issue before the Court was the proper interpretation of the costs agreement entered into between the parties. Specifically, the Court was required to determine whether the agreement encompassed certain disbursements and, if so, how they were to be treated.

The Court of Appeal dismissed the application. While the specific reasoning is not detailed in the provided text, the catchwords indicate that the case did not involve a question of legal principle, suggesting the decision likely turned on the factual application of established principles of contract construction to the specific terms of the costs agreement. The Court applied principles of contractual interpretation to ascertain the parties' intentions as expressed in the agreement.

The application was dismissed with costs.