Burrows v Law Society of New South Wales

Basten and Macfarlan JJA of the New South Wales Court of Appeal considered an application for leave to appeal a costs order made by a primary judge. The applicant, Mr Burrows, sought leave to appeal against the costs order, alleging that the primary judge had failed to give appropriate weight to material he had provided and had not afforded him procedural fairness. A further issue was whether Mr Burrows could raise a new point on appeal.

The Court was required to determine whether the primary judge had erred in the exercise of their discretion regarding the costs order, specifically in relation to the weight given to the applicant's material and the procedural fairness afforded. The Court also had to consider the admissibility of a new point raised by the applicant on appeal.

The Court refused leave to appeal. Their Honours found that the primary judge had not erred in the exercise of their discretion and that the applicant had been afforded procedural fairness. The Court also determined that the new point sought to be raised on appeal was not a matter that could be considered.

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