Johnston v Boyd [2024] NSWCA 75

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Johnston v Boyd [2024] NSWCA 75 Hearing dates: 15 March 2024 Date of orders: 15 March 2024, 10 April 2024 (costs) Decision date: 10 April 2024 Before: Adamson JA; Basten AJA Decision: Orders made on 15 March 2024: (1) Refuse the applicant an extension of time in which to file the summons seeking leave to appeal. (2) Dismiss the summons purportedly filed on 22 December 2023. (3) Order that the applicant pay the first respondent's costs in this Court, calculated as a gross sum. (4) Grant the first respondent leave to file and serve within 7 days an affidavit and brief submissions (not exceeding 3 pages) in relation to the quantum to be fixed under order (3). (5) Grant the applicant leave to file and serve within 7 days of receiving the first respondent's submissions under order (4), brief submissions (not exceeding 3 pages) in response. (6) The gross sum costs application to be determined on the papers. (7) Reasons reserved. Additional order made on 10 April 2024: (8) Fix the gross sum payable pursuant to order (3) made on 15 March 2024 in an amount of $16,020. Catchwords: APPEAL AND REVIEW – appeal from judicial review of costs assessment – application for leave – judicial review refused on discretionary grounds – failure to follow prescribed procedure for review and appeal – allegation of procedural unfairness for failure to grant further adjournment not established – no arguable error on part of primary judge – no issue of principle CIVIL PROCEDURE – application for leave to appeal – application months out of time – explanation for delay – merit of application for leave – extension of time refused Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil Procedure Act 2005 (NSW), s 98 Legal Profession Uniform Law Application Act 2014 (NSW), ss 83, 85, 89 Uniform Civil Procedure Rules 2005 (NSW), r 59.10 Cases Cited: Bobb v Wombat Securities Pty Ltd [2013] NSWSC 757 Choi v University of Technology Sydney (No 2) [2020] NSWCA 342 Gibson v Drumm [2016] NSWCA 206 Secretary, Department of Family and Community Services v Smith (2017) 95 NSWLR 597; [2017] NSWCA 206 Category: Procedural rulings Parties: Daryl Lindsay Johnston (Applicant) Abigail Boyd (First Respondent) Christopher David Harris (Second Respondent) (Submitting appearance) Manager Costs Assessment (Third Respondent) (Submitting appearance) Representation: Counsel: Daryl Lindsay Johnston (Applicant in person) M Castle (First respondent)