Stanizzo v Fregnan

The Supreme Court of New South Wales, Court of Appeal, considered an application for leave to appeal concerning a costs assessment. The dispute arose from an application to review a costs assessment where the applicant alleged that the lawyers acting for the party who had obtained a costs order did so on a pro bono basis, thereby questioning the applicant's liability to pay those costs.

The primary legal issue before the Court of Appeal was whether the applicant in the costs assessment was liable to pay the costs of the lawyers who acted for the other party, notwithstanding the claim that those services were provided pro bono. The Court was required to determine if there was a question of principle involved that warranted granting leave to appeal.

Meagher JA and Simpson AJA dismissed the summons seeking leave to appeal, finding no question of principle that justified intervention. The Court noted that no order was made as to the costs of the summons, as the respondent was self-represented. Furthermore, the respondent's notice of motion filed subsequently was also dismissed, with the Court ordering that each party bear their own costs for that motion.