Wende v Horwath (No 2) [2015] NSWCA 416

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Wende v Horwath (No 2) [2015] NSWCA 416 Hearing dates: 8 July 2015 Decision date: 22 December 2015 Before: Beazley ACJ at [1]; Basten JA at [91]; Adamson J at [142] Decision: (1) Set aside orders (1), (4) and (6) made in the District Court on 23 October 2014.

(2) Set aside orders (1)-(7) made by the District Court on 1 April 2015.

(3) Remit the proceedings to the District Court for that Court to make final orders with respect to the applicants' appeal, including, if thought appropriate –

(a) orders remitting the assessment of costs to the Manager, Costs Assessment, for determination according to law; (b) orders as to the costs of the parties in the District Court in relation to proceedings subsequent to the first judgment of this Court; (c) an order specifying the amount of any costs payable in the District Court, including pursuant to order (2) made on 23 October 2014.

(4) Order the first respondent to pay 50% of the applicants' costs in this Court. Catchwords: COSTS – costs assessment under the Legal Profession Act 2004 (NSW) – appeal from determination of review panel to District Court pursuant to s 384 – question of law determined by Court of Appeal and remitted to District Court

COSTS – costs of costs assessment – whether necessary to give a separate certificate in respect of each costs order subject of a costs assessment – whether parties' costs of assessment included with certificate of costs or alternatively with certificate of costs of costs