Frigger v Lean

The case of Frigger v Lean involved the appellant, Mr Frigger, who sought to appeal against an order that had been made by the trial judge in relation to costs. The respondent, Mr Lean, opposed the appeal. The matter was heard in the Court of Appeal, where the appellant's application for leave to appeal was dismissed.

The central legal issue that the Court of Appeal was required to determine was whether the appeal against the costs order should be allowed. The appellant contended that the trial judge had erred in making the costs order, and that the order was not in accordance with the usual principles governing costs in such cases. The respondent argued that the appeal should be dismissed because it was an abuse of process and had no reasonable prospects of success.

The Court of Appeal held that the appeal was not allowed because it turned on its own facts and was an abuse of process. The Court noted that the principles governing costs orders were well established, and that the trial judge had carefully considered the matter and made a reasoned decision. The Court further held that the appeal had no reasonable prospects of success, and that it was not in the interests of justice to allow the appeal to proceed. The Court therefore dismissed the appellant's application for leave to appeal, and the appeal was dismissed with costs.