Muriniti v King [2019] NSWCA 153

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Muriniti v King [2019] NSWCA 153 Hearing dates: 30 April 2019 Date of orders: 27 June 2019 Decision date: 27 June 2019 Before: Gleeson JA at [1]; Emmett AJA at [2] Decision: 1. Summons seeking leave to appeal filed on 24 December 2018 be dismissed. 2. The Respondents' costs of the application for leave be paid by the applicants for leave. Catchwords: APPEAL – leave to appeal from costs orders made by the Land and Environment Court – whether leave should be granted under s 58 of the Land and Environment Court Act 1979 (NSW).

APPEAL - whether the primary judge applied the correct test for the making of an order under s 99 of the Civil Procedure Act 2005 (NSW) – whether the primary judge based his conclusions on findings that were not open on the evidence – whether there was bias on the part of the primary judge – whether there was a denial of procedural fairness – whether the primary judge erred in considering that he had previously made a relevant finding that there was no evidence of conspiracy. Legislation Cited: Civil Procedure Act 2005 (NSW) Land and Environment Court Act 1979 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Flinn v Flinn (1999) VSCA 134 Kendirjian v Ayoub [2008] NSWCA 194 King v Muriniti [2018] NSWCA 98 Mitry Lawyers v Barnden [2014] FCA 918 Re Felicity: FM v Secretary, Department of Family and Community Services (No 4) [2015] NSWCA 19 Ridehalgh v Horsefield & Anor [1994] Ch 205 White Industries (Qld) Pty Ltd v Flower & Hart (1998) 156 ALR 169 Young v King [2004] NSWLEC 93 Young v King [2016] NSWCA 282 Young v King (No. 2) [2009] NSWLEC 125 Young v King (No 6) [2015] NSWLEC 111 Young v King (No 9) [2016] NSWLEC 4 Young v King (No 12) [2017] NSWLEC 150 Young v King (No 13) [2018] NSWLEC 150 Category: Procedural and other rulings Parties: Leonardo Carlo Muriniti (First Applicant) Robert Duane Newell (Second Applicant) Brendan King (First Opponent) Kristina King (Second Opponent) Representation: Counsel: R D Newell, Solicitor (Applicants) M Wright SC (Opponents)