Wilson v Mirus Australia Pty Ltd [2024] NSWCA 111

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Wilson v Mirus Australia Pty Ltd [2024] NSWCA 111 Hearing dates: 10 May 2024 Date of orders: 10 May 2024 Decision date: 10 May 2024 Before: Gleeson JA; Basten AJA Decision: (1) Leave to appeal refused and summons filed 5 March 2024 is dismissed. (2) The applicant to pay the respondent's costs of the application in this Court. Catchwords: APPEAL AND REVIEW – leave to appeal – proposed appeal from judgment disposing of appeal from review of a costs assessment – costs disputes as satellite litigation – fourth hearing with respect to costs assessment – need for strong likelihood that no further proceeding would result – leave refused COSTS – assessment of costs – review of costs assessment by review panel – functions of review panel – whether nature of review changed in 2014 with enactment of Uniform Law – whether review panel has function of determining the costs of the review and who should pay them Legislation Cited: Legal Profession Act 2004 (NSW), s 375 Legal Profession Uniform Law Application Act 2014 (NSW), ss 73, 78, 85, 89 Legal Profession Uniform Law (NSW), ss 169, 198, 199 Supreme Court Act 1970 (NSW), s 101 Uniform Civil Procedure Rules 2005 (NSW), r 51.12 Cases Cited: Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Ltd (2013) 250 CLR 303; [2013] HCA 46 Housman v Camuglia (2021) 104 NSWLR 615; [2021] NSWCA 106 Ramsay v Gatland [2022] NSWSC 1514 Secretary, Department of Family and Community Services v Smith (2017) 95 NSWLR 597; [2017] NSWCA 206 Wende v Horwath (NSW) Pty Ltd (2014) 86 NSWLR 674; [2014] NSWCA 170 Category: Procedural rulings Parties: Simon Wilson (Applicant) Mirus Australia Pty Ltd (Respondent) Representation: Counsel: P Doyle Gray (Applicant) J Bartos (Respondent)