GB v EB [2022] NSWDC 322

District Court New South Wales

Medium Neutral Citation: GB v EB [2022] NSWDC 322 Hearing dates: 28 July 2022 Date of orders: 10 August 2022 Decision date: 10 August 2022 Jurisdiction: Civil Before: Gibson DCJ Decision: Order: (1) Refuse leave to appeal pursuant to s 89 of the Legal Profession Uniform Law Application Act 2014 (NSW) and dismiss the appeal. (2) Costs reserved with liberty to apply. Catchwords: COSTS ASSESSMENT APPEAL – appeal to the District Court from a Review Panel assessment of costs below the leave threshold of $25,000 contained in s 89 of the Legal Profession Uniform Law Application Act 2014 (NSW) – Summons fails to seek leave to appeal under s 89 or to include the grounds upon which leave was sought – plaintiff's submissions on appeal fail to canvass the issue of leave or to answer the defendants' submissions in reply in which the defendants set out the basis upon which leave, if sought, should be refused – plaintiff serves amended summons seeking leave to appeal the evening before the hearing – whether the appeal grounds involved issues of principle and/or matters of public interest – whether there were manifest errors in the determination of the Costs Assessors – application for leave refused – appeal dismissed Legislation Cited: Legal Profession Uniform Law Application Act 2014 (NSW) s 89 Legal Profession Uniform Law Application Regulations 2015 (NSW) r 40 Uniform Civil Procedure Rules 2005 (NSW) ("UCPR") rr 40 and 50.12(4)(b) Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Armand-Iskak v Attorney-General of New South Wales [2019] NSWCA 145 Asuzu v Council of the New South Wales Bar Association [2012] NSWCA 406 Bellevarde Constructions Pty Ltd v CPC Energy Pty Ltd [2011] NSWDC 55 Director-General, Family and Community Services Re Felicity [2012] NSWCA 272 EB v GB [2020] NSWSC 1291 Ferella v Stomo [2017] NSWCA 268 Ferella v Stomo [2017] NSWDC 34 Ferella v Stomo (No 2) [2017] NSWDC 61 Fordyce v Leung [2022] NSWCA 55 Gazecki v McCabes Lawyers Pty Ltd (2020) 102 NSWLR 259 Lawrence v Sammut (No 3) [2022] NSWSC 657 Vok v DPP (NSW) [2019) NSWCA 242 Wende v Horwath (NSW) Pty Ltd (2014) 86 NSWLR 674 Windsor v Health Care Complaints Commission [2020] NSWCA 110 Wollongong City Council v Papadopoulos [2019] NSWCA 178 Woollahra Municipal Council v Sved (New South Wales Court of Appeal, unreported, 24 July 1998) Young v Royal Society for the Prevention of Cruelty to Animals New South Wales [2020] NSWCA 360 Category: Principal judgment Parties: Plaintiff: GB