McInnes v Rheem Australia Pty Limited [2021] NSWCA 89 (17 May 2021) (Bell P at [1], Gleeson JA at [2], Payne JA at [47])


Catchwords:


COSTS – whether usual order for costs should be displaced – where respondent successful party overall – where primary judge apportioned costs – respondent awarded costs up to date shortly before hearing and thereafter no order for costs as between respondent and applicant – whether exercise of discretion miscarried – Uniform Civil Procedure Rules 2005 (NSW), r 42.1

APPEALS – new point on appeal – where applicant for leave sought to raise new and different costs application on appeal – inimical to the interests of justice to allow new argument

APPEALS – leave to appeal – practice and procedure – challenge to costs order – no question of principle or general public importance – whether an injustice which is more than merely arguable – whether failure to consider material consideration – where reasonableness of applicant’s conduct of the proceedings not relied upon below – leave to appeal refused