Prokart Racing P/L v Shakya

Prokart Racing P/L (the appellant) and Shakya (the respondent) were parties to an appeal before the Court of Appeal of New South Wales. The respondent sought to revoke leave to appeal, and also leave to cross-appeal, on the basis that the questions raised in the appeal had become otiose due to the respondent having commenced fresh proceedings in the District Court.

The central legal issue before the Court of Appeal was whether to revoke the leave to appeal and cross-appeal, and consequently, how to allocate the costs of the proceedings. The Court was required to consider the impact of the new proceedings on the utility of the appeal and the conduct of the parties in contributing to procedural difficulties.

The Court found that both parties had contributed to procedural miscarriages. Given that the appeal no longer served a practical purpose due to the commencement of the second set of proceedings, the Court ordered that leave to appeal and cross-appeal be revoked. In light of the parties' respective contributions to the procedural issues, the Court ordered that each party bear their own costs.