Dubow v Mid-Western Regional Council (No 2)

The applicant, Dubow, sought leave to appeal and a stay of enforcement of a costs order made by the primary judge against him in favour of the respondent, Mid-Western Regional Council. The application was brought before Basten JA of the Court of Appeal of New South Wales.

The primary legal issues before the Court were whether to grant the applicant leave to appeal the costs order and whether to refer the matter for pro bono assistance. The applicant also sought a stay of the enforcement of the costs order pending the determination of his application for leave to appeal.

Basten JA refused the application for a referral for pro bono assistance, noting that such referrals were typically made in circumstances where the applicant had demonstrated a reasonable prospect of success on appeal, which was not evident in this instance. His Honour also noted an agreement between the parties to stay the enforcement of the gross costs order until the application for leave to appeal was determined. The notice of motion filed by the applicant on 5 August 2021 was otherwise dismissed.