Sader v Elgammal

In *Sader v Elgammal*, the applicants sought leave to appeal from an order of the primary judge of the Land and Environment Court who had made no order as to costs in Class 4 proceedings that were dismissed by consent. The applicants contended that the primary judge erred in exercising their discretion to make no order as to costs.

The central legal issue before the Court of Appeal was whether the primary judge had erred in principle or made a manifest error in exercising their discretion to make no order as to costs, despite the proceedings being dismissed by consent. The Court was required to consider whether there was a question of principle, an issue of public importance, or a clear injustice that warranted intervention.

The Court of Appeal determined that the primary judge's decision to make no order as to costs was a proper exercise of discretion. The Court found no question of principle or issue of public importance, nor any clear injustice that was more than merely arguable. Consequently, the Court refused leave to appeal. The applicants were ordered to pay the first respondent's costs of the application for leave to appeal.