Golden v Howard

Case

[2025] NSWCA 117

29 May 2025


Details
AGLC Case Decision Date
Golden v Howard [2025] NSWCA 117 [2025] NSWCA 117 29 May 2025

CaseChat Overview and Summary

The Court of Appeal of New South Wales, comprising Ward P, Payne and Ball JJA, considered an application for leave to appeal against an order made by Rothman J under section 8 of the *Vexatious Proceedings Act 2008* (NSW). The applicant, Mr Golden, sought to appeal the orders made by Rothman J on 1 October 2024.

The primary legal issue before the Court of Appeal was whether Rothman J had made an appealable error in the orders granted. The court was required to determine if the original orders were legally sound or if they contained errors that warranted intervention on appeal.

The Court of Appeal found that there was no appealable error in the substantive orders made by Rothman J, save for a minor amendment to one of the cost orders. The court granted leave to appeal, set aside one of the original orders, and amended another cost order to clarify the scope of costs payable by Mr Golden. The appeal was otherwise dismissed, and Mr Golden was ordered to pay the respondents' costs of both the application for leave to appeal and the appeal itself.
Details

Areas of Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

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