Tzaneros Investment Pty Ltd v Walker Group Construction Pty Limited; Walker Group Construction Pty Limited v Tzaneros Investment Pty Ltd [2023] NSWCA 122

Tzaneros Investment Pty Ltd v Walker Group Construction Pty Limited; Walker Group Construction Pty Limited v Tzaneros Investment Pty Ltd [2023] NSWCA 122

Because the parties consented, there was a sufficiently reasonable argument that the District Court judge misapprehended the question by treating the matter as governed by s 363 of the Legal Profession Act 2004 (NSW), and a finding as to credit was discernible in the District Court judgment, it was appropriate to set aside the District Court orders and remit the matter to the District Court differently constituted.

Jurisdiction
Australia
Judgment Date
29 May 2023
Procedural Posture
Judicial Review of District Court Orders on an Appeal From a Costs Assessment Review Panel Decision Pursuant to Legal Profession Act 2004 (nsw), S 384, on a Question of Law / Consent Orders in the Court of Appeal Setting Aside District Court Orders and Remitting the Matter to the District Court Differently Constituted
Outcome
Orders of the District Court made on 6 March 2023 set aside by consent; matter remitted to the District Court differently constituted.
Legal Topics
['judicial Review' 'consent Orders' 'costs Assessment Review Panel' 'remitter to Differently Constituted Court' 'setting Aside District Court Orders']
['administrative Law' 'civil Procedure' 'costs' 'legal Profession'] ['judicial Review' 'consent Orders' 'costs Assessment Review Panel' 'remitter to Differently Constituted Court' 'setting Aside District Court Orders']

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Procedural Posture

Judicial Review of District Court Orders on an Appeal From a Costs Assessment Review Panel Decision Pursuant to Legal Profession Act 2004 (nsw), S 384, on a Question of Law / Consent Orders in the Court of Appeal Setting Aside District Court Orders and Remitting the Matter to the District Court Differently Constituted

Legal Issues

  1. 1 ['Whether the Court should make consent orders granting judicial review relief by setting aside the orders of the District Court made on 6 March 2023.' 'Whether there was a sufficiently reasonable argument that the primary judge misapprehended the question by treating the matter as governed by s 363 of the Legal Profession Act 2004 (NSW).' 'Whether the matter should be remitted to the District Court differently constituted.']

Ratio Decidendi

Because the parties consented, there was a sufficiently reasonable argument that the District Court judge misapprehended the question by treating the matter as governed by s 363 of the Legal Profession Act 2004 (NSW), and a finding as to credit was discernible in the District Court judgment, it was appropriate to set aside the District Court orders and remit the matter to the District Court differently constituted.

Court Disposition

Orders of the District Court made on 6 March 2023 set aside by consent; matter remitted to the District Court differently constituted.

Orders

  • ['Set aside the orders of the District Court made on 6 March 2023.' 'Remit the matter to the District Court, differently constituted.' 'Costs of the hearing at first instance are reserved to the judge of the District Court hearing the matter afresh.' 'No order as to costs of the proceedings in this Court to the...