Martin v NSW (No 3)

[2011] NSWCA 273

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Civil appeal
3. › Leave to appeal
4. › Costs-only decision
5. › Whether leave required
6. › Whether grounds raise independent challenge to costs order
7. › Land and Environment Court Act 1979 (NSW), s 57(4)(f)
1. Practice and Procedure
2. › Costs
3. › Costs follow the event
4. › Whether departure from usual rule warranted
5. › No error of principle in costs decision

Quick Take

Where leave is required to appeal a costs-only decision, grounds that challenge the validity of the substantive proceedings but do not raise any separate basis for impugning the costs order itself will not support a grant of leave. The appropriate course is to pursue the challenge to the substantive proceedings, upon which the costs order may depend.