James v Australia and New Zealand Banking Group Ltd

[2017] NSWCA 84

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Application for leave to appeal
3. › Judgment as to costs alone
4. › Leave required under Supreme Court Act 1970 (NSW) s 101(2)(c)
5. › Whether issue of principle or general public importance
6. › Whether clear error indicative of substantial injustice
1. Appeal
2. › Application for leave to appeal
3. › Application filed out of time
4. › Whether appropriate to grant extension of time
5. › Whether appropriate to refuse extension where leave to appeal would be refused
1. Costs
2. › Gross sum costs order
3. › Civil Procedure Act 2005 (NSW) s 98(4)(c)
4. › Whether proper exercise of power
5. › Whether insufficient evidence to determine reasonable amount
6. › Whether amount paid could form basis of calculation in absence of information as to work done

Quick Take

Where an application for leave to appeal from a costs order alleges only error in the application of established principle, the error must be clear from a limited perusal of the papers and indicative of substantial injustice. Disputes as to costs quantification are ancillary to primary issues and should be resolved with as little technicality and expense as reasonably practicable. Where leave to appeal would be refused on the merits, an extension of time to bring the application will also be refused.