ASSK Investments Pty Ltd v Tyrrell

ASSK Investments Pty Ltd (the plaintiff) sought leave to appeal from a decision of a primary judge who had declined to depart from the default order as to costs following the plaintiff's discontinuance of proceedings. The defendant, Tyrrell, was the respondent.

The central legal issue before the Court of Appeal was whether the primary judge erred in refusing to grant the plaintiff leave to appeal against the costs order. This required the Court to consider whether the matter was of general importance or whether there was a clear injustice to the plaintiff in the primary judge's decision.

Meagher and Leeming JJA dismissed the summons, finding that the plaintiff had not demonstrated that the matter was of general importance or that a clear injustice would result from the primary judge's refusal to depart from the default costs order. The Court applied the principles governing the grant of leave to appeal, particularly in circumstances where a party has discontinued their proceedings and is seeking to avoid the usual consequences regarding costs.

The summons seeking leave to appeal was dismissed with costs.