Amirbeaggi v EB [2023] NSWCA 108

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Amirbeaggi v EB [2023] NSWCA 108 Hearing dates: 15 May 2023 Date of orders: 25 May 2023 Decision date: 25 May 2023 Before: Kirk JA at [1]; Simpson AJA at [2]; Basten AJA at [3] Decision: (1) Dismiss the further amended summons seeking to review the orders made in the District Court on 10 August 2022. (2) Order that the applicant pay the respondents' costs in this Court. Catchwords: CIVIL PROCEDURE — supervisory jurisdiction – error of law on face of record – jurisdictional error – decision of District Court requiring leave to appeal – calculation of threshold amount – construction of statute COSTS — costs assessment — determination of review panel – appeal to District Court — leave requirement – calculation of threshold amount – amount of "costs" in dispute – whether costs can include costs of the costs assessment — no claim for costs of the costs assessment before assessor or review panel – application of Legal Profession Uniform Law Application Act 2014 (NSW), s 89(1)(a) Legislation Cited: District Court Act 1973 (NSW), s 127 Legal Profession Uniform Law Application Act 2014 (NSW), ss 63, 64, 66, 70, 71, 73, 76, 78, 85, 88, 89 Legal Profession Uniform Law (NSW), s 196 Supreme Court Act 1970 (NSW), ss 69, 101 Cases Cited: Gazecki v McCabes Lawyers Pty Ltd (2020) 102 NSWLR 259; [2020] NSWCA 98 Gilmore Finance Pty Ltd v Aesthete No 3 Pty Ltd [2020] NSWCA 114 Category: Principal judgment Parties: Farshad Amirbeaggi (Applicant) EB (First Respondent) SB (Second Respondent) RB (Third Respondent) District Court (Fourth Respondent, submitting) Representation: Counsel: B K Nolan (Applicant) B Tronson / J Rogers (First-Third Respondents)