McCausland v Surfing Hardware International Holdings Pty Limited [2010] NSWDC 222

New South Wales District Court

CITATION: McCausland v Surfing Hardware International Holdings Pty Limited [2010] NSWDC 222

HEARING DATE(S): 22 September 2010

JUDGMENT DATE: 24 September 2010

JURISDICTION: Civil - Costs assessment appeal

JUDGMENT OF: Johnstone DCJ

DECISION: 1. The application for leave to appeal is incompetent [25] - [26] 2. Further or fresh evidence may not be led in the appeal as to a matter of law, the only admissible evidence being the material before the review panel [50]

CATCHWORDS: COSTS - assessment of party/party costs - appeal from review panel - whether fresh or further evidence may be led in the District Court in an appeal as of right as to a matter of law arising in the assessment - whether an application for leave to appeal on other matters may be brought in the District Court or must be brought in the court or tribunal that made the costs orders

Civil Procedure Act 2005 LEGISLATION CITED: Legal Profession Act 1987 Legal Profession Act 2004 Uniform Civil Procedure Rules (UCPR) 2005

East West Airlines Limited v Turner [2010] NSWCA 53 Fox v Percy [2003] HCA 22 Frumar v The Owners of Strata Plan 36957 [2006] NSWCA 278 CASES CITED: Johnson v Madden [2000] NSWSC 463 Madden v New South Wales IMC [1999] NSWSC196 Randall Pty Limited v Willoughby City Council 2009 NSWDC 118 VEAL v The Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 72 Wentworth v Rogers [2006] NSWCA 145

William and Yvonne McCausland (Plaintiffs) PARTIES: Surfing Hardware International Holdings Pty Limited and others (Defendants)