Asuzu v Council of the New South Wales Bar Association [2012] NSWCA 406

Asuzu v Council of the New South Wales Bar Association [2012] NSWCA 406

The appeal was incompetent because the Notice of Appeal was filed out of time, with the material date being the date of the Tribunal's original orders (30 May 2012), not the subsequent amendment. No adequate application for leave to extend time was made in advance, and even if such leave had been considered, there was no fairly arguable ground of appeal disclosed; the grounds were manifestly untenable and the appeal was frivolous or vexatious.

Jurisdiction
Australia
Judgment Date
10 December 2012
Procedural Posture
Appeal / Application for Summary Dismissal in Court of Appeal
Outcome
Appeal dismissed summarily as incompetent and, in the alternative, as frivolous or vexatious; leave to appeal out of time refused.
Legal Topics
['summary Dismissal of Appeal' 'competency and Time Limits for Appeals' 'professional Misconduct—barrister' 'discrimination Allegations in Disciplinary Proceedings' 'costs in Disciplinary/appeal Proceedings']
['practice and Procedure' 'administrative Law' 'legal Profession'] ['summary Dismissal of Appeal' 'competency and Time Limits for Appeals' 'professional Misconduct—barrister' 'discrimination Allegations in Disciplinary Proceedings' 'costs in Disciplinary/appeal Proceedings']

Case Brief

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Procedural Posture

Appeal / Application for Summary Dismissal in Court of Appeal

Legal Issues

  1. 1 ['Whether the appeal was filed out of time and thus incompetent under Uniform Civil Procedure Rules' 'Whether the appeal should be dismissed as frivolous or vexatious under r 13.4' 'Whether leave is required to appeal from the costs order under s 729A of the Legal Profession Act 2004 (NSW)']

Ratio Decidendi

The appeal was incompetent because the Notice of Appeal was filed out of time, with the material date being the date of the Tribunal's original orders (30 May 2012), not the subsequent amendment. No adequate application for leave to extend time was made in advance, and even if such leave had been considered, there was no fairly arguable ground of appeal disclosed; the grounds were manifestly untenable and the appeal was frivolous or vexatious.

Court Disposition

Appeal dismissed summarily as incompetent and, in the alternative, as frivolous or vexatious; leave to appeal out of time refused.

Orders

  • ['The proceedings are summarily dismissed.' 'Costs are awarded to the Council of the New South Wales Bar Association.']