Leave to appeal – principles

Gibson v Drumm [2016] NSWCA 206 There are no exhaustive or rigid rules of practice or criteria governing the grant of leave to appeal: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc [1981] HCA 39; 148 CLR 170. However, it has been consistently stated that...

Costs on discontinuation

Hopoate v National Rugby League Limited [2016] NSWSC 1029 Legal principles A plaintiff who discontinues proceedings must ordinarily pay the costs of the party against which the discontinued claim was brought, unless the court otherwise orders: UCPR r 42.19(2). This...