Snowside Pty Ltd as trustee for the Snowside Trust v Boart Longyear Ltd

Snowside Pty Ltd as trustee for the Snowside Trust (the applicants) sought leave to appeal from a costs order made by Black J. The primary judge had made a partial costs order in favour of the applicants, who had been granted leave to be heard in opposition to creditors’ schemes proposed by Boart Longyear Ltd (the respondents). The applicants contended that the primary judge’s discretion in making this costs order had miscarried.

The Court of Appeal was required to determine whether leave to appeal should be granted. This involved considering whether the grounds of appeal raised a question of principle, a question of public importance, or demonstrated a compelling injustice. Specifically, the Court examined whether the primary judge’s exercise of discretion in awarding costs was demonstrably wrong.

Basten and Leeming JJA refused leave to appeal. Their Honours noted that the first proposed ground of appeal had not been raised before the primary judge. The second proposed ground, concerning complex questions of apportionment and the need for a further hearing, did not present a question of principle or public importance, nor did it demonstrate a compelling injustice. Consequently, the Court found no basis to interfere with the primary judge’s costs order.

The application for leave to appeal was dismissed, and the applicants were ordered to pay the respondents’ costs of the application.