"N" v "A"

The applicant, "N", sought leave to appeal against certain costs orders made by Ward J on 22 May 2012, following proceedings between "N" and the respondent, "A". The dispute concerned the assessment of costs, with "N" arguing that some of the orders made were plainly unreasonable and represented a miscarriage of discretion, particularly given the substantial sums of costs involved.

The primary legal issue before Meagher and Barrett JJA was whether leave to appeal should be granted. This involved considering whether a serious question of principle was raised by the appeal against the costs orders, and whether, in relation to other orders, any alleged error was confined to the weight afforded to various factors considered by the primary judge. The court also had to determine whether the threshold for granting leave to appeal on costs orders, particularly where a question of principle is involved or a significant error is alleged, had been met.

The Court of Appeal granted leave to appeal only in respect of orders (1)(iii) and (1)(iv) made by Ward J. This suggests that the court found a sufficient question of principle or a demonstrable error in those specific orders to warrant a full appeal. However, for the remaining orders, the court was not persuaded that the alleged errors met the necessary threshold for granting leave, indicating that any perceived errors were likely matters of discretion or weight that did not amount to a miscarriage. Consequently, the summons seeking leave to appeal was otherwise dismissed. The costs of the summons for leave to appeal were made costs in the appeal itself.