McDowell v Fox & Ors [2003] NSWSC 324

The application for review before the Master is competent and an application for leave to appeal under s 208M is to be regarded as an appeal for the purposes of s 208N, thereby permitting suspension of costs determination pending appeal.

Jurisdiction: Australia
Judgment Date: 17 April 2003
Procedural Posture: Application for Review and Leave to Appeal / Preliminary Determination on Competence and Nature of Appeal Under S 208 N
Outcome: Preliminary findings: application for review is competent; an application for leave to appeal is an appeal for s 208N purposes. Questions of costs reserved; parties have liberty to apply.
Legal Topics: ['costs Assessment' 'appeals' 'review Jurisdiction']

['civil Procedure'] ['costs Assessment' 'appeals' 'review Jurisdiction']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

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

Procedural Posture

Application for Review and Leave to Appeal / Preliminary Determination on Competence and Nature of Appeal Under S 208 N

Legal Issues

1 ["Is an application for review of a Registrar's suspension order competent when referred to a Master?" "Is an application for leave to appeal under s 208M an 'appeal' for the purposes of s 208N of the Legal Profession Act 1987?"]

Ratio Decidendi

Court Disposition

Preliminary findings: application for review is competent; an application for leave to appeal is an appeal for s 208N purposes. Questions of costs reserved; parties have liberty to apply.

Orders

['Questions of costs to date are reserved.' 'Parties have liberty to apply.']