Selwan Property Holdings Pty Ltd v Grocon Constructions Pty Ltd

Selwan Property Holdings Pty Ltd (Selwan) sought leave to appeal from an interlocutory order for costs made against it in favour of Grocon Constructions Pty Ltd. The dispute concerned an application for an interlocutory injunction. The Court of Appeal of New South Wales was required to determine whether leave to appeal should be granted.

The primary legal issue before the Court of Appeal was whether the interlocutory order for costs was attended by sufficient doubt to warrant granting leave to appeal. This involved considering whether the primary judge had erred in principle or made a significant error in the exercise of discretion when awarding costs.

Handley AJA and Sackville AJA both concluded that the primary judge's decision to award costs was sound and that there was no sufficient doubt to justify granting leave to appeal. Their Honours reasoned that the application for the interlocutory injunction was not reasonably arguable and that Selwan had failed to establish a sufficient likelihood of success to warrant the grant of such an injunction. Consequently, the summons for leave to appeal was dismissed with costs.