J and E Vella Pty Limited v Hobson (No 2)

J and E Vella Pty Limited (the applicant) sought leave to appeal against a costs assessment made by the primary judge. The dispute concerned the quantum of costs awarded to Hobson (the respondent), with a significant sum of $36,000 in contention between the assessment undertaken by the respondent's solicitor and an expert costs consultant. The appeal was heard by Basten and Brereton JJA in the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether the primary judge erred in their determination of the costs assessment, particularly in light of the conflicting assessments presented. The applicant also raised arguments concerning unchallenged orders that were not the subject of the appeal, which the court considered in its determination.

The Court of Appeal dismissed the application for leave to appeal. The reasoning appears to have been influenced by the fact that no objection was taken to the solicitor's affidavit evidence at the primary hearing, and the solicitor was not cross-examined. Furthermore, the court noted that some of the arguments advanced on appeal related to orders that were not being appealed.

Consequently, the application for leave to appeal was dismissed with costs.