Barlaw Pty Limited t/as Barrak Lawyers v Chikal Pty Limited

In this matter before the Court of Appeal of New South Wales, Barlaw Pty Limited, trading as Barrak Lawyers, sought leave to appeal an order concerning costs made against it in favour of Chikal Pty Limited. The dispute arose from complex litigation concerning an application for payment out of money held in court.

The Court was required to determine whether to grant leave to appeal on a question of costs alone. Specifically, the Court considered the amount of costs involved, the complexity of the underlying factual background, the absence of any question of general public interest, unresolved factual disputes regarding consent to a payment out, and the introduction of a new argument concerning procedural fairness during oral submissions.

The Court reasoned that leave to appeal should be refused due to several factors. The costs in question were comparatively small, estimated to be less than $17,000 in total for both parties. The factual background was described as being of "Byzantine complexity," making it difficult to unravel on appeal. Furthermore, not all relevant matters were presented to the Court, and crucial documents such as transcripts of the original hearings and the primary judge's reasons were not provided, hindering the applicant's ability to demonstrate reasonable prospects of success. The Court also noted the lack of public interest in the costs issue and the attempt to raise a new procedural fairness argument for the first time in oral submissions, which had not been foreshadowed in the draft notice of appeal or filed submissions.

Consequently, the application for leave to appeal was dismissed with costs.