Lyons v Wende [2007] NSWSC 100

The Court declined joinder because the matter was a straightforward appeal under s 208L or s 208M of the Legal Profession Act 1987, not an application in the nature of a prerogative writ, and no personal orders or allegations of impropriety were made against the Assessor or members of the Cost Review Panel.

Jurisdiction: Australia
Judgment Date: 14 February 2007
Procedural Posture: Appeal Concerning a Costs Assessment Determination or Decision Under the Legal Profession Act 1987 / Ex Tempore Judgment on Defendants' Notices of Motion Seeking Joinder of the Assessor and Members of the Cost Review Panel
Outcome: Application to join the Assessor and members of the Cost Review Panel declined.
Legal Topics: ['joinder of Parties' 'costs Assessment Appeals' 'cost Review Panel' 'prerogative Writs']

['civil Procedure' 'costs' 'legal Profession'] ['joinder of Parties' 'costs Assessment Appeals' 'cost Review Panel' 'prerogative Writs']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1

Procedural Posture

Appeal Concerning a Costs Assessment Determination or Decision Under the Legal Profession Act 1987 / Ex Tempore Judgment on Defendants' Notices of Motion Seeking Joinder of the Assessor and Members of the Cost Review Panel

Legal Issues

1 ['Whether the Assessor and members of the Cost Review Panel should be joined as parties to the appeal.']

Ratio Decidendi

Court Disposition

Application to join the Assessor and members of the Cost Review Panel declined.

Orders

['I decline to order that the Assessor or members of the Review Panel be joined as parties to this action.']