Doyle v Hall Chadwick [2012] NSWCA 175

Doyle v Hall Chadwick [2012] NSWCA 175

Leave to appeal was required because the proposed appeal involved costs, a matter below the statutory threshold and consequential interlocutory orders. Leave was refused because the applicant showed neither arguable error nor practical injustice: the debt derived from the costs assessor's certificates, which had not been set aside, and the setting aside of the review panel's certificates did not of itself require repayment. The applicant also failed to establish serious misconduct, bad faith or other conduct warranting costs orders against the review panel, the Attorney General or Hall Chadwick beyond those made below. Hall Chadwick's offer contained a real compromise and justified...

Jurisdiction
Australia
Judgment Date
06 June 2012
Procedural Posture
Application for Review of Orders Striking Out an Appeal and Summons Seeking Leave to Appeal / Court of Appeal; Notice of Motion to Review Orders of Handley AJA and Summons Seeking Extension of Time and Leave to Appeal
Outcome
The notice of motion was dismissed, an extension of time was granted for the summons seeking leave to appeal, leave to appeal was refused, and costs orders were made against the applicant.
Legal Topics
['leave to Appeal' 'appeal as to Costs Only' 'interlocutory Orders' 'costs Assessment Review' 'judicial Review' 'costs Against Decision Maker' 'indemnity Costs' 'offer of Compromise' 'lump Sum Costs' 'merger of Judgments']
['civil Procedure' 'costs' 'administrative Law' 'legal Profession'] ['leave to Appeal' 'appeal as to Costs Only' 'interlocutory Orders' 'costs Assessment Review' 'judicial Review' 'costs Against Decision Maker' 'indemnity Costs' 'offer of Compromise' 'lump Sum Costs' 'merger of Judgments']

Case Brief

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Procedural Posture

Application for Review of Orders Striking Out an Appeal and Summons Seeking Leave to Appeal / Court of Appeal; Notice of Motion to Review Orders of Handley AJA and Summons Seeking Extension of Time and Leave to Appeal

Legal Issues

  1. 1 ['Whether the orders of Handley AJA dismissing the appeal should be discharged or varied.' 'Whether leave to appeal was required because the appeal was as to costs only, involved less than $100,000, or related to interlocutory orders.' "Whether leave to appeal should be granted in relation to the refusal of a repayment order after the review panel's certificates were set aside." "Whether the original costs assessor's determinations merged in the review panel's determinations." 'Whether costs should be ordered in favour of the applicant against Hall Chadwick, the review panel and the Attorney General, including on an indemnity basis.' 'Whether Hall Chadwick was entitled to indemnity costs after its offer of compromise.' 'Whether a lump sum costs order should be made in favour of the Attorney General.']

Ratio Decidendi

Leave to appeal was required because the proposed appeal involved costs, a matter below the statutory threshold and consequential interlocutory orders. Leave was refused because the applicant showed neither arguable error nor practical injustice: the debt derived from the costs assessor's certificates, which had not been set aside, and the setting aside of the review panel's certificates did not of itself require repayment. The applicant also failed to establish serious misconduct, bad faith or other conduct warranting costs orders against the review panel, the Attorney General or Hall Chadwick beyond those made below. Hall Chadwick's offer contained a real compromise and justified...

Court Disposition

The notice of motion was dismissed, an extension of time was granted for the summons seeking leave to appeal, leave to appeal was refused, and costs orders were made against the applicant.

Orders

  • ["Dismiss the applicant's notice of motion of 25 November 2011 seeking to review the orders of Handley AJA and other decisions." 'In the summons seeking leave to appeal, grant the applicant an extension of time within which to file the summons, but refuse leave to appeal.' "Order the applicant to pay the first...