Gazecki v McCabes Lawyers Pty Ltd [2020] NSWCA 98

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Gazecki v McCabes Lawyers Pty Ltd [2020] NSWCA 98 Hearing dates: 19 May 2020 Date of orders: 26 May 2020 Decision date: 26 May 2020 Before: Basten JA at [1]; Leeming JA at [46]; Simpson AJA at [47] Decision: (1) In matter 2019/344193 (leave to appeal): (a) Dismiss the summons filed on 9 January 2020; (b) Order that the applicant pay the respondent's costs of the summons.

(2) In matter 2020/5071 (judicial review): (a) Dismiss the summons for judicial review filed 7 January 2020; (b) Order that the applicant pay the first respondent's costs in this Court, other than the costs of the application for leave to appeal. Catchwords: CIVIL PROCEDURE – time – extension of time – costs assessment – statutory appeal to District Court from determination of review panel – application for leave to appeal was filed 30 days late – whether primary judge erred in law in declining to grant an extension of time

COSTS – party/party – appeals – appeal from costs assessment – nature of appeal from review panel to District Court – Legal Profession Uniform Law Application Act 2014 (NSW), s 89(1)

JUDICIAL REVIEW – review of dismissal of appeal to District Court – grounds of review – whether errors of law on the face of the record limited to non-jurisdictional errors of law

STATUTORY INTERPRETATION – amendment and repeal – changes to provisions governing appeals from costs assessments – relevance of other legislative provisions – applicability of decisions considering earlier statutory regimes Legislation Cited: Courts and Crimes Legislation Amendment Act 2008 (NSW), Sch 14 District Court Act 1973 (NSW), ss 8, 127 Legal Practitioners Act 1898 (NSW), s 35 Legal Profession Act 1987 (NSW), ss 208F, 208G, 208L, 208M Legal Profession Act 2004 (NSW), ss 384, 395 Legal Profession Uniform Law Application Act 2014 (NSW), ss 85, 89, 167, 178 Supreme Court Act 1970 (NSW), s 69