Clarke v Spurway

In *Clarke v Spurway*, the applicant sought leave to appeal against a decision of the primary judge. The dispute concerned a relatively small amount of costs, but the preparation of the appeal would involve substantial further costs. The application was heard by Hodgson JA and Ipp JA in the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether leave to appeal should be granted, considering the deficiencies in the preparation of the "White Book" (likely referring to the appeal book or relevant court documents) and the disproportionate further costs that would be incurred in pursuing the appeal compared to the original amount in dispute.

The Court of Appeal considered the principles governing the grant of leave to appeal, particularly in circumstances where the costs of the appeal would far outweigh the amount in contention. Their Honours were not satisfied that the grounds of appeal raised a sufficiently arguable case or that the interests of justice warranted the significant expenditure of further costs.

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