› Default rule that plaintiff pay defendant's costs
› Whether basis made out for departure from default position under UCPR r 42.20
› Whether supervening event of settlement with third party justified no order as to costs
› Uniform Civil Procedure Rules 2005 (NSW), r 42.20
Practice and Procedure
› Appeals
› Leave to appeal
› Costs orders
› Whether error beyond the merely arguable established in exercise of costs discretion
› Whether question of general public importance raised
› Whether amount of costs at stake justified grant of leave
› Whether narrower case on appeal than advanced below precluded grant of leave
Quick Take
Leave to appeal costs orders requires evidence of the quantum of costs at stake and precludes adoption of a narrower position on appeal than was advanced before the primary judge.
