Hach Private Capital Pty Ltd v Dahata Pty Ltd

• 1. Appeal
  2. › Leave to appeal
  3. › Appeal from orders as to costs only
  4. › Order made on alternative bases
  5. › Whether clear injustice established
  6. › Caution in granting leave from decisions on practice and procedure
  7. › Proper reticence to grant leave in matters relating to costs alone
  8. › Supreme Court Act 1970 (NSW), s 101(2)(c)
• 1. Appeal
  2. › Procedural fairness
  3. › Costs determination
  4. › Whether party denied opportunity to be heard on costs
  5. › Whether non-success in argument gives cause for complaint about procedural fairness
  6. › Whether absence of reasons for rejecting procedural application sufficient basis to grant leave
• 1. Practice and Procedure
  2. › Costs
  3. › Offers of compromise
  4. › Acceptance of offer not complying with UCPR r 20.26
  5. › Whether r 42.13A applies
  6. › Alternative basis for costs order under general discretion
  7. › Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 20.27(3), 42.1, 42.13A
  8. › Civil Procedure Act 2005 (NSW), s 98

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