Riva NSW Pty Ltd v Key Nominees Pty Ltd

Riva NSW Pty Ltd (the applicant) sought leave to appeal from a decision of the primary judge who had dismissed its proceedings against Key Nominees Pty Ltd (the respondent) due to non-compliance with orders requiring payment of previous costs. There was no dispute that the applicant had failed to comply with these costs orders.

The central legal issue before the Court of Appeal was whether the primary judge erred in dismissing the applicant's proceedings for non-compliance with the costs orders, and consequently, whether leave to appeal should be granted. The applicant did not seek reasons from the primary judge for the dismissal.

The Court of Appeal held that the primary judge's decision to dismiss the proceedings was not attended by error. The applicant had failed to comply with clear orders for the payment of costs, and had not sought reasons for the dismissal from the primary judge. In the absence of any demonstrated error or exceptional circumstances, the Court found no basis to grant leave to appeal.

Accordingly, the summons filed on 16 January 2019 and the notice of appeal filed on 2 November 2018 were dismissed with costs.