Denning Real Estate Pty Ltd v XR Property Developments Pty Ltd

Denning Real Estate Pty Ltd (the applicant) sought leave to appeal against orders made by the primary judge concerning costs. The respondent was XR Property Developments Pty Ltd. The dispute before the Court of Appeal concerned the applicant's entitlement to leave to appeal, with the subject matter of the proposed appeal confined solely to the issue of costs.

The primary legal issue before the Court of Appeal was whether the applicant had satisfied the test for granting leave to appeal in circumstances where the appeal was limited to costs. Specifically, the Court had to determine if the case involved an issue of principle, a question of public importance, or a reasonably clear injustice to the applicant.

The Court of Appeal applied the established principles governing appeals confined to costs. It held that leave to appeal on costs matters is generally not granted unless there is an error of law, a failure to exercise discretion, or a manifest injustice. In this instance, the Court found that the applicant had not demonstrated any of these grounds. The applicant failed to establish that the appeal raised an issue of principle, a question of public importance, or a reasonably clear injustice.

Consequently, the summons seeking leave to appeal was dismissed, and the applicant was ordered to pay the costs of the summons.