Daley v Hughes [2014] NSWCA 268

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Daley v Hughes [2014] NSWCA 268 Hearing dates: 14 July 2014 Decision date: 18 August 2014 Before: Meagher JA at [1]; Emmett JA at [12]; Tobias AJA at [38] Decision: 1. Grant the applicants leave to appeal. 2. Appeal allowed. 3. Set aside the orders made by Davies J on 30 August 2013 other than so much of Order 1 as dismissed the appellants' cross-summons with costs. 4. Dismiss the summons filed by the respondent in the Common Law Division of the Court on 19 March 2013. 5. The respondent to pay the appellants' costs of the summons filed on 19 March 2013 and of the summons for leave to appeal and the appeal but to have with respect to the latter a certificate under the Suitors' Fund Act 1951 (NSW) if otherwise qualified. [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 - competency of an appeal to the Common Law Division of the Supreme Court from reasons given by a costs assessor - whether the reasons constituted a "decision" within s 208L of the Legal Profession Act 1987 (NSW) Legislation Cited: Administrative Appeals Tribunal Act 1975 (Cth), ss 44(1), 46 Commercial Tribunal Act 1994 (NSW), s 20 Consumer Credit Act 1972 (SA), s 25 Government and Related Employees Appeal Tribunal Act 1980 (NSW), s 54 Legal Profession Act 1987 (NSW), Div 2 Pt 11, Div 3 Pt 11, Div 6 Pt 11 Motor Accidents Compensation Act 1999 (NSW), s 149 Motor Accidents Compensation Regulation (No 2) 1999 (NSW), Pt 3, Sch 1 Uniform Civil Procedure Rules 2005 (NSW), Pt 28, r 50.3 Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Bromley v Housing Commission of NSW (1985) 3 NSWLR 407 Clisdell v Commissioner of Police (1992) 31 NSWLR 555 Commonwealth v Bank of New South Wales (1949) 79 CLR 497 Currabubula & Paola v State Bank of New South Wales [2000] NSWSC 232 Custom Credit Corporation Ltd v Commercial Tribunal of New South Wales (1993) 32 NSWLR 489 Director-General of Social Services v Chaney [1980] FCA 87; (1980) 47 FLR 80 Hughes v Geraldine Daley trading as Colin Daley Quinn, Solicitors And Barristers [2013] NSWSC 806 Hughes v Geraldine Daley trading as Colin Daley Quinn, Solicitors And Barristers (No 2) [2013] NSWSC 1213 Kostas v HIA Insurance Services Pty Limited [2010] HCA 32; 241 CLR 390 Mobitel (International) Pty Ltd v Dun & Bradstreet (Australia) Pty Ltd (1979) 22 SASR 288 Category: Principal judgment Parties: Geraldine Anne Daley (First Applicant / Appellant) Timothy Daley (Second Applicant / Appellant) Amanda Hughes (Respondent) Representation: Counsel: R Parker SC / M Castle (Applicants / Appellants) M Brabazon SC (Respondent)