A Judge of Appeal sitting alone to determine matters pursuant to liberty reserved by the Court of Appeal sits as a Judge of the Supreme Court in the relevant Division, and an appeal lies as of right under s 101(1) of the Supreme Court Act 1970 (NSW). Payment by one member of a corporate group of the obligations of another member does not, without more, establish that the payment was made in the capacity of guarantor so as to ground a right of subrogation. A claim for costs on a different basis from that awarded could and should have been raised in the original proceedings, and failure to do so gives rise to Anshun estoppel.
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