Jandson Pty Ltd v Edmonds [2022] NSWCA 61

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Jandson Pty Ltd v Edmonds [2022] NSWCA 61 Hearing dates: 7 April 2022 Date of orders: 13 April 2022 Decision date: 13 April 2022 Before: Bell CJ at [1]; Macfarlan JA at [27]; White JA at [28] Decision: Application for leave to appeal refused with costs. Catchwords: CIVIL PROCEDURE – Court of Appeal – application for leave to appeal – where alleged that primary judge had overlooked and or not dealt with a particular argument in relation to costs – where it had been open to the applicant for leave to have approached the primary judge pursuant to UCPR 36.16 to vary or set aside her order by reference to the argument not addressed – where that course not taken – where it was not possible for the Court of Appeal finally to dispose of the issue without remitting proceedings to the District Court – where the interests of justice did not warrant the grant of leave to appeal Legislation Cited: Civil Procedure Act 2005 (NSW) ss 60, 98(4)(b) Legal Profession Act 2004 (NSW) s 364 Legal Profession Uniform Law (NSW) s 172(1)(a) Uniform Civil Procedure Rules 2005 (NSW) rr 36.16, 42.35 Cases Cited: Consolidated Lawyers Ltd v Abu-Mahmoud; Abu-Mahmoud v Consolidated Lawyers Ltd [2016] NSWCA 4 Crawley v Short [2009] NSWCA 410; (2009) 262 ALR 654 eInduct Systems Pty Ltd v 3D Safety Services Pty Ltd (2015) 90 NSWLR 451; [2015] NSWCA 284 Miller Heiman Pty Ltd v Sales Principles Pty Ltd (2017) 94 NSWLR 500; [2017] NSWCA 106 Nominal Defendant v Livaja [2011] NSWCA 121 Roluke Pty Ltd v Lamaro Consultants Pty Ltd (No 2) [2009] NSWCA 21 Category: Principal judgment Parties: Jandson Pty Limited (Applicant) John Edmonds (Respondent) Representation: Counsel: M Klooster with F Clark (Applicant) P Dodson (Respondent)