Bobb v Wombat Securities Pty Ltd [2014] NSWCA 54

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bobb v Wombat Securities Pty Ltd [2014] NSWCA 54 Hearing dates: 10 March 2014 Decision date: 10 March 2014 Before: Basten JA Decision: 1. Stand the objection to competency over to a date to be fixed before a Full Court and stand over to the same date any motion by the appellant for an extension of time to file such summons as he may be advised under s 69 of the Supreme Court Act 1970. 2. Direct the Registrar to set the matters down for hearing for two hours as soon as convenient. 3. Give leave to the appellant to file an amended notice of appeal with the agreement of the respondent. 4. Leave to approach the Registrar to obtain a date for hearing of the motion or motions referred to in (1). 5. The costs of the proceedings this morning will be costs in the objection to competency motion. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: APPEAL AND NEW TRIAL - competency of appeal - appeal from judgment of District Court determining an appeal against an assessment of costs under Legal Profession Act 2004 (NSW) - right of appeal from District Court extends only to an "action" - whether an appeal under Legal Profession Act is an "action" - District Court Act 1973 (NSW), s 127