Flynn v PPK Mining Equipment Pty Ltd

[2025] NSWCA 10

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Leave to appeal from costs order
4. › Whether leave to appeal should be granted
5. › Whether question of principle or reasonably clear injustice
6. › Supreme Court Act 1970 (NSW), s 101(2)(c)
1. Practice and Procedure
2. › Costs
3. › Apportionment of costs
4. › Mixed outcome in proceedings
5. › Separable issues
6. › Whether primary judge erred in apportioning costs on issue-by-issue basis
7. › Whether costs order was punitive
1. Appeal
2. › Standard of appellate review
3. › Costs as discretionary matter
4. › Whether House v The King error established
5. › Added restraint in reviewing costs decisions

Quick Take

An applicant for leave to appeal a costs order must establish a House v The King error, and appellate courts will exercise added restraint and particular caution in reviewing costs decisions, particularly where the question of costs was specifically remitted to the trial judge.