Riva NSW Pty Ltd v Mark A Fraser & Christopher P Clancy t/as Fraser Clancy Lawyers [2020] NSWCA 210

Riva NSW Pty Ltd v Mark A Fraser & Christopher P Clancy t/as Fraser Clancy Lawyers [2020] NSWCA 210

The summons was otherwise dismissed because, even assuming reviewable error could be shown in relation to the indemnity costs and interest orders, relief should be refused on discretionary grounds: the challenge was principally to a costs order, the amount at stake was not likely to be large, the applicants had not identified a strongly arguable jurisdictional error or error of law on the face of the record, any re-exercise of the costs discretion was unlikely to produce a more favourable result for Riva, and the proceedings had been extraordinarily protracted with the primary judge apparently justified in attributing blame to Riva. However, the District Court directions in paragraph...

Jurisdiction
Australia
Judgment Date
07 September 2020
Procedural Posture
Judicial Review Under S 69 of the Supreme Court Act 1970 (nsw) / Summons for Judicial Review in the Court of Appeal From Orders and Directions Made by the District Court on 24 July 2019
Outcome
Declaration made as to invalidity of specified District Court directions; otherwise summons for judicial review dismissed.
Legal Topics
['indemnity Costs' 'error of Law on the Face of the Record' 'jurisdictional Error' 'discretionary Refusal of Judicial Review Relief' 'directions Referring Non Parties to Regulatory, Prosecutorial and Disciplinary Authorities' 'denial of Procedural Fairness']
['judicial Review' 'civil Procedure' 'costs' 'procedural Fairness' 'legal Profession'] ['indemnity Costs' 'error of Law on the Face of the Record' 'jurisdictional Error' 'discretionary Refusal of Judicial Review Relief' 'directions Referring Non Parties to Regulatory, Prosecutorial and Disciplinary Authorities' 'denial of Procedural Fairness']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Judicial Review Under S 69 of the Supreme Court Act 1970 (nsw) / Summons for Judicial Review in the Court of Appeal From Orders and Directions Made by the District Court on 24 July 2019

Legal Issues

  1. 1 ["Whether judicial review relief should be granted in relation to the District Court order that Riva pay Fraser Clancy's costs on an indemnity basis and interest on those costs." 'Whether the applicants established jurisdictional error or error of law on the face of the record under s 69 of the Supreme Court Act 1970 (NSW).' 'Whether relief should be refused on discretionary grounds despite the challenge to the indemnity costs order.' "Whether directions concerning Mr Ferella, Ms Ferella and Riva's legal representatives were invalid because they were made without affording procedural fairness."]

Ratio Decidendi

The summons was otherwise dismissed because, even assuming reviewable error could be shown in relation to the indemnity costs and interest orders, relief should be refused on discretionary grounds: the challenge was principally to a costs order, the amount at stake was not likely to be large, the applicants had not identified a strongly arguable jurisdictional error or error of law on the face of the record, any re-exercise of the costs discretion was unlikely to produce a more favourable result for Riva, and the proceedings had been extraordinarily protracted with the primary judge apparently justified in attributing blame to Riva. However, the District Court directions in paragraph...

Court Disposition

Declaration made as to invalidity of specified District Court directions; otherwise summons for judicial review dismissed.

Orders

  • ['Declare that the directions made by paragraph [124] subparagraphs (a), (b), (c) and (h) of the District Court judgment of 24 July 2019 are invalid because they were made without affording procedural fairness to the persons referred to in them.' 'Otherwise dismiss the summons for judicial review.' "Order the first...