Mears v Sydney Anglican Schools Corporation (No 2)

The applicants, Mears and others, sought leave to appeal against an order made by the Supreme Court of New South Wales concerning costs. The respondents were the Sydney Anglican Schools Corporation and others. The dispute revolved around an omitted order from a previous judgment, specifically regarding the costs of the proceedings up to a certain date.

The primary legal issue before the Court of Appeal was whether to grant leave to appeal against the costs order. This involved considering whether there was an "issue of principle" that warranted appellate intervention, particularly in circumstances where the costs order was sought to be corrected due to an alleged omission.

Basten JA and Sackville AJA determined that there was no issue of principle involved in the application for leave to appeal. They reasoned that the application was essentially seeking to rectify an alleged oversight in the original costs order, rather than raising a novel or significant legal question. Consequently, leave to appeal was refused.

The Court ordered that the applicants pay the costs of each respondent in the Court of Appeal up to and including 1 July 2016.