Bookarelli Pty Ltd v Katanga Developments Pty Ltd (No 2)

Bookarelli Pty Ltd (the applicant) appealed to the Court of Appeal of New South Wales against an order made by the primary judge. The dispute concerned the applicant's claim for an equitable lien over certain land, which was dismissed by the primary judge. The applicant sought to appeal this decision.

The Court of Appeal was required to determine whether the applicant's appeal had any reasonable prospect of success. Specifically, the court considered whether the grounds of appeal were so lacking in merit that they were not reasonably arguable, and consequently, whether an order for indemnity costs against the applicant was warranted.

The Court of Appeal found that the applicant's case was not reasonably arguable. The court's reasoning, though not detailed in the provided text, led to the conclusion that the appeal lacked substance. Accordingly, the court determined that the applicant should pay the respondent's costs of and incidental to the proceedings in the Court of Appeal on an indemnity basis. The court made an order in lieu of its previous order of 5 April 2017 to reflect this decision.