Mirus Australia Pty Ltd v Wilson [2023] NSWSC 1432

Supreme Court New South Wales

Medium Neutral Citation: Mirus Australia Pty Ltd v Wilson [2023] NSWSC 1432 Hearing dates: 15 November 2022 Date of orders: 24 November 2023 Decision date: 24 November 2023 Jurisdiction: Common Law Before: Campbell J Decision: (1) Grant the plaintiff leave to appeal. (2) Appeal allowed. (3) Remit the application for review dated 25 June 2021 to the Manager, Costs Assessment for referral to a review panel under clause 47 Legal Profession Uniform Law Application Regulation 2014 (NSW) for the determination of the sole question of the costs of the review and by whom they are payable in accordance with these reasons with a view to the issue of a certificate under s 87, Legal Profession Uniform Law Application Act 2014 (NSW) limited to that question. (4) To the extent necessary, grant leave to the defendant to cross appeal. (5) Cross appeal dismissed. (6) The defendant to pay the plaintiff's costs of the appeal and the cross appeal. Catchwords: COSTS — appeal from review panel — whether the review panel had power to award costs of the review — whether the review panel provided adequate reasons regarding whether the costs respondent was given a reasonable opportunity to participate in the first instance costs assessment COSTS — appeal from review panel — consideration of whether leave ought to be granted in relation to costs under the threshold amount — issue of law not previously considered by the Supreme Court — matter of public importance and practical significance — leave granted COSTS — appeal from review panel — cross appeal — satisfied reasons are legally adequate — reasons explain actual path of reasoning in sufficient detail COSTS — appeal from review panel — appeal — review panel has power to award costs of the review Legislation Cited: Legal Profession Act 2004 (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) ss 63, 69-71, 76, 78, 82-89 Legal Profession Uniform Law Application Regulation 2015 (NSW) cll 35, 44, 45, 47, 48, 51 Legal Profession Uniform Law (NSW) ss 196, 204 Supreme Court Act 1970 (NSW) ss 19, 75 Cases Cited: Ahern v Aon Risk Services Australia Limited [2021] NSWCA 166 Allesch v Maunz (2000) 203 CLR 172; [2002] HCA 40 Frumar v The Owners of Strata Plan 36957 (2006) 67 NSWLR 321; [2006] NSWCA 278 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 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541; [2018] HCA 30 Ramsay v Gatland [2022] NSWSC 1514 State of New South Wales v Kaiser (2022) 108 NSWLR 476; [2022] NSWCA 86 Stead v State Government Insurance Commission (1986) 161 CLR 141; [1986] HCA 54 Wende v Horwath (NSW) Pty Ltd (2014) 86 NSWLR 674; [2014] NSWCA 170 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480; [2013] HCA 43 Category: Principal judgment Parties: Mirus Australia Pty Ltd (Plaintiff/Cross-Defendant) Simon Wilson (Defendant/ Cross-Claimant) Representation: J Bartos (Plaintiff) P Doyle Gray (Defendant)