Bobb v Wombat Securities Pty Ltd (No 2) [2014] NSWCA 261

Bobb v Wombat Securities Pty Ltd (No 2) [2014] NSWCA 261

The summons for judicial review failed because the adequacy of the review panel's reasons had already been conclusively determined by Beech-Jones J in Bobb v Wombat Securities Pty Ltd [2013] NSWSC 757, with no appeal from that judgment. Grounds alleging failure to consider wasted costs also failed because their factual premise was not made good: the late amendment did not replace or supersede the existing causes of action, no cause of action was abandoned, and Mr Bobb did not demonstrate particular earlier steps that should have been rejected as otiose. Accordingly no reviewable error by the District Court was established, and the separate appeal was incompetent.

Jurisdiction
Australia
Judgment Date
12 August 2014
Procedural Posture
Judicial Review and Appeal Concerning District Court Appeal From Costs Assessment / Court of Appeal Decision on Appeal and Summons Seeking Judicial Review
Outcome
Appeal dismissed; summons seeking judicial review dismissed; applicant ordered to pay Wombat Securities Pty Ltd's costs of both proceedings in this Court.
Legal Topics
['judicial Review' 'appeal to District Court Limited to a Decision as to a Matter of Law' 'adequacy of Reasons' 'failure to Take Into Account a Mandatory Consideration' 'scope of District Court Appellate Jurisdiction' 'late Amendment of Statement of Claim' 'costs Assessment Review Panel']
['administrative Law' 'practice and Procedure' 'costs Assessment'] ['judicial Review' 'appeal to District Court Limited to a Decision as to a Matter of Law' 'adequacy of Reasons' 'failure to Take Into Account a Mandatory Consideration' 'scope of District Court Appellate Jurisdiction' 'late Amendment of Statement of Claim' 'costs Assessment Review Panel']

Case Brief

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Procedural Posture

Judicial Review and Appeal Concerning District Court Appeal From Costs Assessment / Court of Appeal Decision on Appeal and Summons Seeking Judicial Review

Legal Issues

  1. 1 ['Whether the District Court erred in holding that s 384(1) of the Legal Profession Act 2004 (NSW) required identification of a decision as to a matter of law to enliven appellate jurisdiction.' 'Whether failure by a Costs Review Panel to give any or adequate reasons constituted a valid ground of appeal under s 384(1).' "Whether the review panel failed to take into account a mandatory consideration arising from the late amendment of Wombat Securities Pty Ltd's statement of claim." 'Whether the applicant established that the late amendment rendered earlier work irrelevant or otiose so as to require reduction of assessed costs.']

Ratio Decidendi

The summons for judicial review failed because the adequacy of the review panel's reasons had already been conclusively determined by Beech-Jones J in Bobb v Wombat Securities Pty Ltd [2013] NSWSC 757, with no appeal from that judgment. Grounds alleging failure to consider wasted costs also failed because their factual premise was not made good: the late amendment did not replace or supersede the existing causes of action, no cause of action was abandoned, and Mr Bobb did not demonstrate particular earlier steps that should have been rejected as otiose. Accordingly no reviewable error by the District Court was established, and the separate appeal was incompetent.

Court Disposition

Appeal dismissed; summons seeking judicial review dismissed; applicant ordered to pay Wombat Securities Pty Ltd's costs of both proceedings in this Court.

Orders

  • ['Appeal dismissed.' 'Dismiss the summons seeking judicial review.' 'Applicant to pay the costs of the first respondent, Wombat Securities, of both proceedings in this Court.']