Maclean v Brylewski

This matter concerned an application for leave to appeal from a decision of the primary court. The applicant, Maclean, sought to appeal against orders made by the primary judge in proceedings against the respondents, Brylewski and others. The central dispute revolved around whether leave to appeal was required given the monetary threshold applicable to certain appeals, and related issues concerning costs.

The Court of Appeal was required to determine two primary legal issues. Firstly, it had to consider whether the appeal brought by the applicant fell within the category of appeals requiring leave, or if it was an appeal as of right, having regard to the monetary threshold stipulated in the relevant legislation. Secondly, the Court was tasked with determining the appropriate orders for costs, particularly in light of the applicant's extensive grounds of appeal and a Calderbank offer made by the applicant.

In its reasoning, the Court found that the appeal did indeed require leave. The Court analysed the relevant legislative provisions and concluded that the monetary threshold was not met, thus necessitating an application for leave to appeal. Regarding costs, the Court noted the general rule that costs follow the event. However, it also considered the circumstances of the proceedings, including the applicant's numerous grounds of appeal and the Calderbank offer. The Court ultimately determined that the applicant should bear the costs of the proceedings in the Court of Appeal.

Consequently, the Court ordered that the applicant pay the respondents’ costs of the proceedings in the Court of Appeal.