Gorczynski v Annandale Services Pty Limited & 1 Ors; Gorczynski v Perera & 1 Ors; Gorczynski v Leichhardt Council

The claimant, Gorczynski, sought leave to appeal against costs orders made in three separate proceedings. The first two proceedings involved Annandale Services Pty Limited and another party, and Perera and another party, respectively. The third proceeding was against Leichhardt Council. The appeals were heard together by Meagher, Santow, and Ipp JJA of the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether it should grant leave to appeal and, if so, whether it should disturb the original costs orders made by the primary judge in each of the three matters. The claimant contended that the original costs orders were erroneous and ought to be set aside.

The Court of Appeal considered the principles governing the grant of leave to appeal, particularly in relation to costs orders. It applied the established legal principle that an appellate court is reluctant to interfere with a costs order made by a trial judge unless there has been an error of law or principle, or the order is so plainly wrong that it amounts to an injustice. After reviewing the circumstances of each case, the Court found no sufficient grounds to grant leave to appeal.

Consequently, leave to appeal was denied in each of the three matters, with costs of the applications for leave to appeal ordered to be paid by the claimant.