Boensch v Somerville Legal Pty Ltd [2019] NSWCA 249

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Boensch v Somerville Legal Pty Ltd [2019] NSWCA 249 Hearing dates: 2 September 2019 Date of orders: 23 October 2019 Decision date: 23 October 2019 Before: Macfarlan JA at [1]; Meagher JA at [2]; Emmett AJA at [3] Decision: Proceedings dismissed with costs. Catchwords: PROCEDURE – Client sought leave to file an amended summons by way of appeal from decisions of the Costs Review Panel – Matter struck out or dismissed by primary judge – Primary judge refused to exercise discretion to set aside orders made by the Costs Appeal Panel

JUDICIAL REVIEW – Whether primary judge's refusal to exercise discretion to grant leave to file the amended appeal summons constitutes jurisdictional error Legislation Cited: Legal Profession Act 2004 (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Bell Lawyers Pty Ltd v Pentelow [2019] HCA 29 Craig v South Australia (1995) 184 CLR 163; [1995] HCA 58 Franz Boensch as trustee of the Boensch Trust v Scott Darren Pascoe [2015] NSWSC 1882 Pentelow v Bell Lawyers Pty Ltd [2018] NSWCA 150 Category: Principal judgment Parties: Franz Boensch (Applicant) Somerville Legal Pty Ltd (First Respondent) District Court of NSW (Second Respondent) Representation: Counsel: M J Wells (Applicant) B Hemsworth (Solicitor) (First Respondent) Submitting Appearance (Second Respondent)