Bobb v Wombat Securities Pty Ltd (No 2) [2014] NSWCA 261

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bobb v Wombat Securities Pty Ltd (No 2) [2014] NSWCA 261 Hearing dates: 25 July 2014 Decision date: 12 August 2014 Before: Basten JA at [1]; Ward JA at [33]; Emmett JA at [34] Decision: (1) Appeal dismissed. (2) Dismiss the summons seeking judicial review. (3) Applicant to pay the costs of the first respondent, Wombat Securities, of both proceedings in this Court. [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: ADMINISTRATIVE LAW - judicial review - appeal to District Court against costs assessment limited to a decision "as to a matter of law" - alleged errors in failure to give reasons and failure to take into account a mandatory consideration - appeal dismissed as disclosing no erroneous decision "as to a matter of law" - scope of appellate jurisdiction of District Court - whether failure to give reasons constitutes a decision "as to a matter of law" - adequacy of reasons had been considered earlier in the supervisory jurisdiction of the Supreme Court - whether District Court was deprived of jurisdiction to consider the issue - whether the failure to consider the objection constituted a decision that, as a matter of law, it was not a mandatory consideration - Legal Profession Act 2004 (NSW), s 384