NSW Caselaw
Reported Decision :
New South Wales District Court
CITATION: Randall Pty Ltd v Willoughby City Council [2009] NSWDC 118 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 4 and 5 May 2009
JUDGMENT DATE: 8 May 2009
JURISDICTION: District Court Civil Jurisdiction Costs Assessment Appeals List
JUDGMENT OF: Johnstone DCJ at 1
1. The appeal is allowed. I set aside the certificates of the Review Panel. DECISION: 2. I remit the decision of the Review Panel to the Manager Costs Assessment and order that the application for review be re-determined in accordance with these reasons, either by the original Review Panel or at her discretion by a fresh panel. 3. Costs orders in accordance with paragraph 63.
CATCHWORDS: COSTS - appeal from decision of a costs review panel in respect of an assessment of party/party costs payable under orders of the Land and Environment Act and the Court of Appeal - whether the grounds raised matters of law arising in the proceedings as required for an appeal as of right under s 384 of the Legal Profession Act 2005 - whether the reasons were adequate
Legal Profession Act 2005 LEGISLATION CITED: Legal Profession Regulation 2005 Civil Procedure Act 2005
Frumar v The Owners of Strata Plan 36957 [2006] NSWCA 278 Beale v Government Insurance Office (1997) 48 NSWLR 430 Attorney-General of New South Wales v Kennedy Miller Television Pty Ltd (1998) 43 NSWLR 728 Honest Remark Pty Ltd v Allstate Explorations NL [2008] NSWSC 439 Firth v Westbury [1999] NSWSC 372 Kells v Mulligan [2002] NSWSC 769 Cassegrain v CTK Engineering; Cassegrain v Cassegrain [2008] NSWSC 457 Chapmans Ltd v Yandells [1998] NSWSC 195 Strinic v Singh [2009] NSWCA 15 CASES CITED: Levy v Bergseng [2008] NSWSC 294 Kennedy-Miller Television Pty Ltd v Lancken (unreported NSWSC 1. 8.1997) Advanced Gaming Technologies Pty Ltd v Ahern [1999] NSWSC 45 Wende v Horwath (NSW) Pty Limited [2008] NSWSC 1241 Gorczynski v A WM Dickinson and Son [2005] NSWSC 277 Turner v Pride [1999] NSWSC 850 Smith v Dwyer [1999] NSWSC 114 Madden v NSW Insurance Ministerial Corp [1999] NSWSC 196 Skalkos v Assaf [2002] NSWSC 1221 Bouras v Grandelis [2005] NSWCA 463
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