Hach Private Capital Pty Ltd v Dahata Pty Ltd [2024] NSWCA 115

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hach Private Capital Pty Ltd v Dahata Pty Ltd [2024] NSWCA 115 Hearing dates: 15 May 2024 Date of orders: 16 May 2024 Decision date: 16 May 2024 Before: Meagher JA at [1]; Kirk JA at [2] Decision: Application for leave to appeal dismissed with costs Catchwords: APPEALS – Leave to appeal – Appeal from orders as to costs only – Order on alternative bases – No clear injustice – Caution in granting leave from decision pertaining to practice and procedure – Proper reticence to grant leave in matters relating to costs alone APPEALS – Procedural fairness – Non-success in argument gives no cause for complaint about procedural fairness – Issue well and truly raised at hearing – Absence of reasons for rejecting procedural application for standing over issue of costs not sufficient basis to grant leave to appeal on substantive decision on costs Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Supreme Court Act 1970 (NSW), s 101(2)(c) Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 20.27(3), 42.1, 42.13A Cases Cited: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc [1981] HCA 39; (1981) 148 CLR 170 PPK Willoughby Pty Ltd v Baird [2019] NSWCA 48 T & H Pty Ltd v Nguyen [2022] NSWCA 180 The Age Company Ltd v Liu [2013] NSWCA 26; (2013) 82 NSWLR 268 Wilson v Mirus Australia Pty Ltd [2024] NSWCA 111 Category: Principal judgment Parties: Hach Private Capital Pty Ltd (First applicant) Fergus Richard Herbert (Second applicant) Sean Fyans Cortis (Third applicant) Knights of the Round Table Pty Limited (Fourth applicant) Fyans Enterprises Pty Limited (Fifth applicant)