KARON BIRKETT (as next friend to ELLIOT BIRKETT) v CENTRAL SYDNEY AREA HEALTH SERVICE [1994] NSWCA 25

KARON BIRKETT (as next friend to ELLIOT BIRKETT) v CENTRAL SYDNEY AREA HEALTH SERVICE

NEW SOUTH WALES SUPREME COURT

KIRBY P, MEAGHER and HANDLEY JJA 6 June 1994

[1994] NSWCA 25

Kirby P. Despite Mr Kalfas' valiant effort to put everything that could possibly be put in challenging the order of Bryson J on the question of the determination of costs, the Court is of the view that leave to appeal should be refused in this case.

The reasons have been sufficiently adumbrated during argument in exchanges between the Court and counsel. There is no error whatever in the determination of the costs order by Bryson J. This being the case, I would refuse leave to appeal.

I would propose that the summons be dismissed with costs.

Meagher JA. I agree. Handley JA. I agree. Kirby P. So is the order of the Court.

Orders accordingly.