Brereton v Higgins

The parties to this matter were Brereton and Higgins. The dispute concerned an application for leave to appeal an order made by the court below. The application was heard by Giles JA, Stein AJA, and Campbell J.

The central legal issue before the court was whether there was an error of principle in the exercise of discretion by the court below regarding costs. Specifically, the question was whether the order that each party pay their own costs, following a discontinuance, constituted such an error.

The court determined that there was no question of principle involved in the exercise of discretion concerning the costs order. Consequently, leave to appeal was refused. No order was made as to the costs of the application for leave to appeal.