Ross v Lane Cove Council

This matter concerned an application for leave to appeal against costs orders made by the Land and Environment Court of New South Wales in Class 4 proceedings. The applicant sought leave to appeal the costs orders, but the court found that no sufficiently arguable case had been demonstrated to warrant such a grant.

The primary legal issue before the Court of Appeal was whether the applicant had established a sufficiently arguable case to justify granting leave to appeal the costs orders made by the primary court. This involved an assessment of the merits of the proposed appeal against the costs orders.

The Court of Appeal, comprising Macfarlan and White JJA, considered the material before it and concluded that the applicant had failed to demonstrate a sufficiently arguable case. Consequently, the court dismissed the summons for leave to appeal.

The summons for leave to appeal was dismissed with costs.