Wellington v Hutchison

The applicant, Wellington, sought leave to appeal against a costs order made in proceedings against the respondent, Hutchison. The original proceedings had resulted in a mixed outcome for the parties.

The primary legal issue before the Court of Appeal was whether to grant leave to appeal against the costs order. This involved considering whether the general reluctance to grant leave for appeals concerning costs only should be overcome due to an alleged serious risk of injustice. The applicant also contended that the court below had erred in not granting indemnity costs, referencing the principles established in *House v The King*.

The Court of Appeal considered the applicant's assertion that the practical outcome of the proceeding aligned with two alleged *Calderbank* offers made by the applicant. However, the Court ultimately determined that the threshold for granting leave to appeal on costs alone had not been met.

The Court ordered that time for filing the summons for leave to appeal be extended to the date it was filed, but then dismissed the summons for leave to appeal with costs.