OLYMPIC HOLDINGS PTY LTD and BEGLEY

In the Supreme Court of New South Wales, the case between Olympic Holdings Pty Ltd and Begley concerned a building dispute. The applicants sought leave to review an earlier decision, and the respondents opposed this application. The court was tasked with determining the applicants' request for leave to review, as well as the appropriate costs for the application. The central issue was whether the applicants had a reasonable prospect of success in the review, and if not, whether the application should be dismissed with costs awarded to the respondents.

The court considered the principles for awarding costs in such circumstances, focusing on the merits of the application and the conduct of the parties. It found that the applicants' prospects of success were poor, as the grounds for review were not compelling. Consequently, the application for leave to review was dismissed. The court also examined the appropriate amount of costs to be awarded to the respondents, taking into account the nature of the application and the conduct of the parties. The court determined that the costs should be modest, reflecting the relatively minor nature of the application and the respondents' need to defend against an unmeritorious challenge.

Ultimately, the Supreme Court ordered that the applicants pay the respondents' costs of the application, fixed at $2,400. The court emphasised that the costs should be reasonable and not punitive, considering the overall circumstances of the case. The decision underscores the importance of carefully assessing the merits of an application for leave to review and the potential implications for costs when such applications are brought without a strong likelihood of success.