Gilles v La Rosa (No 2)
Case
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[2018] NSWCA 297
•04 December 2018
Details
AGLC
Case
Decision Date
Gilles v La Rosa (No 2) [2018] NSWCA 297
[2018] NSWCA 297
04 December 2018
CaseChat Overview and Summary
In *Gilles v La Rosa (No 2)*, the applicant sought leave to appeal a costs order made in the Equity Division of the Supreme Court of New South Wales. The underlying proceedings had been disposed of by consent between the parties.
The primary legal issue before the Court of Appeal was whether leave to appeal should be granted from the costs order. This involved considering whether there was an issue of principle that warranted appellate intervention, particularly given the consent nature of the original proceedings.
The Court of Appeal determined that no issue of principle arose from the costs order. Consequently, leave to appeal was refused. The Court reasoned that appeals from costs orders in circumstances where the substantive dispute has been resolved by consent are generally not permitted unless a significant question of law or principle is involved, which was not demonstrated in this instance.
The summons seeking leave to appeal was dismissed, and the applicant was ordered to pay the respondents' costs, fixed at $15,000. The respondents' motion filed on 14 September 2018 was otherwise dismissed.
The primary legal issue before the Court of Appeal was whether leave to appeal should be granted from the costs order. This involved considering whether there was an issue of principle that warranted appellate intervention, particularly given the consent nature of the original proceedings.
The Court of Appeal determined that no issue of principle arose from the costs order. Consequently, leave to appeal was refused. The Court reasoned that appeals from costs orders in circumstances where the substantive dispute has been resolved by consent are generally not permitted unless a significant question of law or principle is involved, which was not demonstrated in this instance.
The summons seeking leave to appeal was dismissed, and the applicant was ordered to pay the respondents' costs, fixed at $15,000. The respondents' motion filed on 14 September 2018 was otherwise dismissed.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Equity & Trusts
Legal Concepts
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Appeal
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Costs
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Consent
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Res Judicata
Actions
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Citations
Gilles v La Rosa (No 2) [2018] NSWCA 297
Most Recent Citation
McEvoy v Wagglens Pty Ltd [2021] NSWCA 104
Cases Cited
6
Statutory Material Cited
2
Gilles v La Rosa
[2018] NSWSC 920
Lee v New South Wales Crime Commission
[2012] NSWCA 262
Carolan v AMF Bowling Pty Ltd
[1995] NSWCA 69