Wallace v McMillan Investment Holdings Pty Ltd [2024] NSWCA 106

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Wallace v McMillan Investment Holdings Pty Ltd [2024] NSWCA 106 Hearing dates: 1 May 2024 Date of orders: 9 May 2024 Decision date: 09 May 2024 Before: Leeming JA; White JA Decision: 1. Summons seeking leave to appeal filed 6 February 2024 dismissed with costs. 2. Notice of motion dated 26 February 2024 and amended on 18 March 2024 dismissed with costs. Catchwords: COSTS – application for costs when statement of claim and cross-claims dismissed by consent – whether basis made out for leave to appeal from decision of primary judge to make no order for costs – where applicant unrepresented for some of period – where applicant sought only to challenge the absence of costs orders in some claims dismissed against him, leaving in place one costs order adverse to him and an absence of costs orders for his own cross-claims – where narrower application had not been advanced to primary judge – whether any question of principle or substantive injustice had been established – leave refused Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 42.20 Cases Cited: Australiawide Airlines Ltd v Aspirion Pty Ltd [2006] NSWCA 365 Gibson v Drumm [2016] NSWCA 206 Hung v Aquamore Credit Equity Pty Ltd [2022] NSWCA 123 Hyder Consulting (Victoria) Pty Ltd v CGU Insurance Ltd [2003] VSC 223 McMillian Investment Holdings Pty Ltd v Mangos (No 3) [2023] NSWSC 1327 Category: Principal judgment Parties: Christopher Wallace (Applicant) McMillan Investment Holdings Pty Ltd (First Respondent) Julie-Anne McMillan (Second Respondent) Robert Ian McMillan (Third Respondent) Representation: Counsel: K Young (Applicant) J Lockhart SC and J Svehla (Respondents)