Mirus Australia Pty Ltd v Wilson [2023] NSWSC 1432

Mirus Australia Pty Ltd v Wilson [2023] NSWSC 1432

A review panel deciding a review of an assessment of ordered costs has power to determine the costs of the review and by whom they are payable, because s 85 confers all the assessor's functions including those in s 78, and the panel must conduct the review as an assessor would. The reasons provided were legally adequate, as they sufficiently explained the path of reasoning for the panel's finding on reasonable opportunity to participate.

Jurisdiction
Australia
Judgment Date
24 November 2023
Procedural Posture
Appeal and Cross Appeal From Review Panel Decision in Costs Assessment Proceedings / Supreme Court of New South Wales, Principal Judgment
Outcome
Appeal allowed; cross appeal dismissed; remitter for determination of review costs; costs orders made.
Legal Topics
['appeal From Review Panel' 'power to Award Costs of Review' 'adequacy of Reasons' 'procedural Fairness' 'natural Justice']
['costs'] ['appeal From Review Panel' 'power to Award Costs of Review' 'adequacy of Reasons' 'procedural Fairness' 'natural Justice']

Case Brief

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Procedural Posture

Appeal and Cross Appeal From Review Panel Decision in Costs Assessment Proceedings / Supreme Court of New South Wales, Principal Judgment

Legal Issues

  1. 1 ['Does a review panel under s 85 Legal Profession Uniform Law Application Act 2014 (NSW) have the power to award costs of the review?' 'Did the review panel provide adequate reasons regarding whether the costs respondent was given a reasonable opportunity to participate in the first instance costs assessment?']

Ratio Decidendi

A review panel deciding a review of an assessment of ordered costs has power to determine the costs of the review and by whom they are payable, because s 85 confers all the assessor's functions including those in s 78, and the panel must conduct the review as an assessor would. The reasons provided were legally adequate, as they sufficiently explained the path of reasoning for the panel's finding on reasonable opportunity to participate.

Court Disposition

Appeal allowed; cross appeal dismissed; remitter for determination of review costs; costs orders made.

Orders

  • ['Grant the plaintiff leave to appeal.' 'Appeal allowed.' 'Remit the application for review dated 25 June 2021 to the Manager, Costs Assessment for referral to a review panel under clause 47 Legal Profession Uniform Law Application Regulation 2014 (NSW) for determination of the sole question of the costs of the...