Muriniti v King

The applicants sought leave to appeal from costs orders made by the Land and Environment Court. The primary dispute concerned whether the primary judge had applied the correct legal test when making orders under section 99 of the *Civil Procedure Act 2005* (NSW). The applicants also raised concerns about whether the primary judge's conclusions were based on findings unsupported by the evidence, allegations of judicial bias, and a denial of procedural fairness. Furthermore, the applicants contended that the primary judge erred in considering that a relevant finding of no evidence of conspiracy had previously been made.

The court was required to determine whether to grant leave to appeal under section 58 of the *Land and Environment Court Act 1979* (NSW). This involved assessing whether the grounds of appeal raised arguable issues of law or fact that warranted further consideration. Specifically, the court had to examine the application of section 99 of the *Civil Procedure Act 2005* (NSW), the evidentiary basis for the primary judge's findings, and whether the proceedings met the standards of procedural fairness and impartiality.

The court dismissed the summons seeking leave to appeal. The applicants were ordered to pay the respondents' costs of the application for leave to appeal.