Boden v Gleeson

Basten, Meagher and Leeming JJA heard an application for leave to appeal from an order as to costs made by Gibb DCJ in the District Court. The applicants sought leave to appeal against the costs order, which had been made following earlier proceedings.

The central legal issue before the Court of Appeal was whether leave to appeal should be granted. This required the Court to consider whether there was any error of principle in the costs order made by the primary judge, or whether the matter raised a question of general importance or involved a clear injustice to the applicants.

The Court of Appeal determined that no error of principle had been demonstrated in the costs order of the District Court. Furthermore, the Court found that the application did not raise any question of general importance, nor was there evidence of a clear injustice. Accordingly, the Court refused leave to appeal.

The Court ordered that leave to appeal be refused and that the applicants pay the respondents' costs in the Court of Appeal.