Johnston v Boyd [2023] NSWSC 194

Johnston v Boyd [2023] NSWSC 194

Relief by way of judicial review was refused as the plaintiff had a statutory right to seek review of the costs assessor’s determination by a review panel under the Legal Profession Uniform Law Application Act 2014 (NSW), which would provide an adequate and preferable remedy for any alleged denial of procedural fairness. The plaintiff deliberately chose not to pursue the statutory review, despite being informed and able to do so, and the circumstances and authorities support exercising the court’s discretion to decline relief.

Jurisdiction
Australia
Judgment Date
02 March 2023
Procedural Posture
Judicial Review / Final Judgment
Outcome
Plaintiff's summons dismissed
Legal Topics
['judicial Review' 'procedural Fairness' 'costs Assessment' 'discretion to Refuse Relief' 'statutory Avenue of Review']
['administrative Law'] ['judicial Review' 'procedural Fairness' 'costs Assessment' 'discretion to Refuse Relief' 'statutory Avenue of Review']

Case Brief

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Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 ['Whether the plaintiff was denied a reasonable opportunity to make objections and submissions to the costs assessor' 'Whether the court should grant relief by way of judicial review when a statutory avenue of review and appeal is available']

Ratio Decidendi

Relief by way of judicial review was refused as the plaintiff had a statutory right to seek review of the costs assessor’s determination by a review panel under the Legal Profession Uniform Law Application Act 2014 (NSW), which would provide an adequate and preferable remedy for any alleged denial of procedural fairness. The plaintiff deliberately chose not to pursue the statutory review, despite being informed and able to do so, and the circumstances and authorities support exercising the court’s discretion to decline relief.

Court Disposition

Plaintiff's summons dismissed

Orders

  • ["The plaintiff's summons is dismissed." 'The plaintiff is to pay the costs of the first defendant.']