Jandson Pty Ltd v Edmonds

[2022] NSWCA 61

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Proportionality of costs
4. › Whether primary judge overlooked disproportionality argument
5. › Whether failure to seek correction under UCPR r 36.16 precluded leave to appeal
6. › Civil Procedure Act 2005 (NSW), ss 60, 98(4)(b)
7. › Uniform Civil Procedure Rules 2005 (NSW), r 36.16
1. Appeal
2. › Leave to appeal
3. › Application for leave to appeal from costs order
4. › Where primary judge allegedly overlooked argument
5. › Whether appropriate course was to approach primary judge under UCPR r 36.16 rather than appeal
6. › Whether interests of justice warranted grant of leave

Quick Take

Arguments overlooked by a primary judge must be raised under UCPR r 36.16 to have the judge address the omission rather than proceeding directly to appeal, as failure to do so will weigh heavily against the grant of leave to appeal.