NSW Caselaw
VICTOR JOHN FERGUSON v PAMELA STOTT
SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
GLEESON CJ and MEAGHER JA 11 March 1996
[1996] NSWCA 183
Gleeson CJ This is an application for an extension of time to seek leave to appeal and for leave to appeal from a discretionary judgment of a District Court judge involving an amount of about $10,000 and relating to a question of costs.
The brief reasons given by the learned judge for his discretionary decision in relation to costs reveal no error of principle. The case raises no substantial question of principle that requires determination by an appellate court and it would be inappropriate to make an order that would have the effect of escalating the costs that have already been devoted to this particular piece of litigation.
In my view there are insufficient prospects of success in the appeal to grant either the extension of time or the leave to appeal. I propose that the application for extension of time be dismissed with costs.
Meagher JA I agree.
Gleeson JA The order of the court will be that the application is dismissed with costs
The order of the court will be that the application is dismissed with costs
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