Allwood v Peter Vivian Benjafield t/as Benjafield & Associates Lawyers [2014] NSWCA 355

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Allwood v Peter Vivian Benjafield t/as Benjafield & Associates Lawyers [2014] NSWCA 355 Hearing dates: 11/08/2014 Decision date: 16 October 2014 Before: McColl JA at [1]; Ward JA at [2]; Emmett JA at [6] Decision: 1 Pursuant to r 59.10(2) of the Uniform Civil Procedure Rules 2005 (NSW), extend the time for commencement of these proceedings to 23 December 2013. 2 Set aside the orders made by Gibb DCJ on 21 June 2013, and, in lieu thereof, order that: (a) The appeal to the District Court be dismissed; (b) The determination of the Review Panel be confirmed; (c) There be no order as to the costs of the District Court proceedings. 3 Order that the first respondent pay the costs of these proceedings. [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 the District Court against costs assessments in relation to invoices rendered by a solicitor who was also the executor of the client's estate - whether the lack of standing of the beneficiaries of that estate to prosecute the costs assessments was a basis for the District Court to set aside the determinations made by the costs assessor or the review panel