Lyons v Wende [2007] NSWSC 100

New South Wales Supreme Court

CITATION : Lyons v Wende [2007] NSWSC 100

HEARING DATE(S) : 14 February 2007 JUDGMENT OF : Cooper AJ

EX TEMPORE JUDGMENT DATE : 14 February 2007

DECISION : I decline to order that the Assessor or members of the Review Panel be joined as parties to the action.

LEGISLATION CITED : Legal Profession Act 1987 s 208NA

PARTIES : James Lyons trading as Lyons & Lyons v Herbert Wende & 4 Ors

FILE NUMBER(S) : SC 13627/05

F Austin - Plaintiff COUNSEL : In person - First Defendant In person - Third Defendant K Richardson - on behalf of Attorney General of NSW

Lyons & Lyons - Plaintiff SOLICITORS : Self - First Defendant Self - Third Defendant I V Knight - Crown Solicitor

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

COOPER AJ

WEDNESDAY 14 FEBRUARY 2007

13627/05 JAMES W LYONS TRADING AS LYONS & LYONS v HERBERT WENDE & 4 ORS

JUDGMENT – declining application to join 1 HIS HONOUR: In their notices of motion the defendants seek an order that the Assessor and members of the Cost Review Panel be joined as defendants, or as parties to this matter before the Court. Section 208NA provides that a cost assessor can be made a party to any appeal against a determination or decision of the costs assessor only by order of the Supreme Court.

2 It seems to be common ground, and I accept that there is no reason in this case to join them as parties to this particular appeal. It is normal to join a tribunal appealed from where the application is in the nature of a prerogative writ. This is not such a case. Here the application is a straight forward appeal, either under s 208L or s 208M of the Legal Profession Act 1987.