NSW Caselaw
New South Wales Court of Appeal
CITATION: McILRAITH v ILKIN [2008] NSWCA 11
HEARING DATE(S): 18 February 2008
JUDGMENT DATE: 21 February 2008
JUDGMENT OF: Basten JA at 1; Bell JA at 1
1. Leave to appeal is refused. DECISION: 2. The applicant is to pay the respondent's costs on an indemnity basis.
CATCHWORDS: LEAVE TO APPEAL – exercise of supervisory jurisdiction – claim not pleaded before primary judge – appeal against costs order – costs of solicitor acting for himself – application for leave without real prospects of success
LEGISLATION CITED: Legal Profession Act 2004
CATEGORY: Principal judgment
Atlas Corporation Pty Ltd v Kalyk [2001] NSWCA 10 Garcia v National Australia Bank Ltd (1998) 194 CLR 395 Gundry v Sainsbury [1910] 1 KB 645 CASES CITED: Guss v Veenhuizen [No. 2] (1976) 136 CLR 47 Khera v Jones [2006] NSWCA 85 Ohn v Walton (1995) 36 NSWLR 77 Ritter v Godfrey [1920] 2 KB 47
PARTIES: John Howard McIlraith - Claimant Alexander Leon (Alex) Ilkin - Opponent
FILE NUMBER(S): CA 40637/07
COUNSEL: Claimant - Self-represented M A Bradford - Opponent
SOLICITORS: Claimant - Self-represented Yeldham Price O'Brien Lusk - Opponent
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): SC 11667/07
LOWER COURT JUDICIAL OFFICER: Brereton J
LOWER COURT DATE OF DECISION: 23 August 2007; 21 September 2007
LOWER COURT MEDIUM NEUTRAL CITATION: [2007] NSWSC 911; [2007] NSWSC 1052
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 040637/07 SC 11667/07
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