Damien v Jackson

The parties in this matter were Damien (the applicant) and Jackson (the respondent). The dispute concerned an application for leave to appeal against a costs order made by a primary judge in the District Court. The primary judge had ordered the plaintiff to replead their statement of claim and for the parties to bear their own costs. The applicant sought leave to appeal this costs order.

The central legal issue before the court was whether leave to appeal should be granted against the District Court's costs order. Specifically, the court had to determine if there was a question of principle involved that warranted appellate intervention.

The court dismissed the summons seeking leave to appeal. Their reasoning was that the primary judge's costs order did not raise a question of principle. The decision to order parties to bear their own costs in circumstances where a statement of claim was ordered to be repleaded was considered a matter within the discretion of the primary judge, and not one that established a new or significant legal principle.

Consequently, the applicant was ordered to pay the respondent's costs of the summons, with these costs to be assessed and payable forthwith.