PTL SERVICES PTY LIMITED (t/as FANTASY NIGHTCLUB) v THE SAILAWAY CORP PTY LIMITED & THE WATERMARK CORPORATION PTY LTD (t/as MAROUBRA FANTASY DANCE CLUB) [1997] NSWCA 252

PTL SERVICES PTY LIMITED (t/as FANTASY NIGHTCLUB) v THE SAILAWAY CORP PTY LIMITED & THE WATERMARK CORPORATION PTY LTD (t/as MAROUBRA FANTASY DANCE CLUB)

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

PRIESTLEY JA and POWELL JA 22 September 1997

[1997] NSWCA 252

Priestley JA. The Court is of the view that in this matter the judge's reasons for making the costs order that he did, considered in the light of the arguments that have been put to us by counsel for the claimant, sufficiently show that in exercising his discretion in the matter of the trust orders which he made he had all relevant matters in mind and made no error of principle.

The Court takes that view, taking a broad view of the powers of a judge when exercising discretion in relation to the making of costs orders, and the undesirability of there being appeals solely on cost matters unless it clearly appears there has been some departure from the proper procedures in relation to the making of costs orders.

In adopting this approach the Court may sometimes find itself refusing leave to appeal in respect of factual situations where it seems fairly obvious that the exercise of discretion may have been different from what some other judge or this Court might have themselves exercised in the particularcircumstances.

As has been said many times, this is no reason for granting leave to appeal. It is simply an illustration of the width of the discretion which Courts have in dealing with costs matters and the reluctance of appellate courts to interfere with such exercise of discretion unless it is very clearly called for.

The present case does not seem to be within that description and the summons is therefore dismissed with costs.

Orders accordingly.