Riva NSW Pty Ltd v Mark A Fraser & Christopher P Clancy t/as Fraser Clancy Lawyers [2020] NSWCA 210

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Riva NSW Pty Ltd v Mark A Fraser & Christopher P Clancy t/as Fraser Clancy Lawyers [2020] NSWCA 210 Hearing dates: 11 August 2020 Date of orders: 7 September 2020 Decision date: 07 September 2020 Before: Macfarlan JA at [1]; McCallum JA at [31]; Wright J at [32] Decision: (1) Declare that the directions made by paragraph [124] subparagraphs (a), (b), (c) and (h) of the District Court judgment of 24 July 2019 are invalid because they were made without affording procedural fairness to the persons referred to in them. (2) Otherwise dismiss the summons for judicial review. (3) Order the first applicant to pay the first respondents' costs of the summons. (4) No order as to the costs of the second and third applicants. Catchwords: JUDICIAL REVIEW – application for judicial review of orders that the applicant pay costs on an indemnity basis – appeal to the District Court against decision of Costs Review Panel – application for relief refused on discretionary grounds – proceedings extraordinarily protracted, amount in question not large and other discretionary reasons given for refusing relief CIVIL PROCEDURE – directions by primary judge concerning non-parties to notice of motion including legal representatives – directions required their conduct to be brought to attention of regulatory, prosecutorial and disciplinary authorities – relevant persons not given an opportunity to be heard – denial of procedural fairness – declaration made as to invalidity of the subject directions Legislation Cited: District Court Act 1973 (NSW) Legal Profession Act 2004 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Ainsworth v Criminal Justice Commission (1992) 175 CLR 564; [1992] HCA 10 Buttrose v Attorney General (NSW) [2015] NSWCA 221 JS v Secretary, Department of Family and Community Services [2014] NSWCA 441 Kirk v Industrial Court (NSW) (2010) 239 CLR 531; [2010] HCA 1 Muldoon v Church of England Children's Homes Burwood (2011) 80 NSWLR 282; [2011] NSWCA 46 Patsalis v Attorney General (NSW) (2013) 85 NSWLR 463; [2013] NSWCA 343 Rafidi v Commonwealth Bank of Australia [2017] NSWCA 96 Reimers v Health Care Complaints Commission [2012] NSWCA 317 Simpson v Hodges [2007] NSWSC 1230 Sinkovich v Attorney General (NSW) (2013) 85 NSWLR 783; [2013] NSWCA 383 Toth v Director of Public Prosecutions (NSW) [2018] NSWCA 253 Wende v Horwath (NSW) Pty Ltd (2014) 86 NSWLR 674; [2014] NSWCA 170 Texts Cited: M Aronson, M Groves and G Weeks, Judicial Review of Administrative Action and Government Liability (6th ed, 2017, Lawbook Co) Category: Principal judgment Parties: Riva NSW Pty Limited (First Applicant) Angelo Ferella (Second Applicant) Tiziana Ferella (Third Applicant) Mark A Fraser and Christopher P Clancy trading as Fraser Clancy Lawyers (First Respondent) District Court of New South Wales (Second Respondent) Representation: Counsel: Mr M Coffey (solicitor) (Applicants) Mr P Barham (First Respondent) Submitting appearance (Second Respondent)