Recent Cases

Wallace v McMillan Investment Holdings Pty Ltd [2024] NSWCA 106 (09 May 2024) (Leeming and White JJA)


COSTS – application for costs when statement of claim and cross-claims dismissed by consent – whether basis made out for leave to appeal from decision of primary judge to make no order for costs – where applicant unrepresented for some of period – where applicant sought only to challenge the absence of costs orders in some claims dismissed against him, leaving in place one costs order adverse to him and an absence of costs orders for his own cross-claims – where narrower application had not been advanced to primary judge – whether any question of principle or substantive injustice had been established – leave refused