Miles v Slack [2022] NSWSC 926

Miles v Slack [2022] NSWSC 926

The Local Court judgments entered on 16 October 2020 upon filing of Form C3 and Form C4A costs certificates were irregular because their operation was suspended by s 86 of the Legal Profession Uniform Law Application Act 2014 (NSW) at the time of registration; therefore, under UCPR r 36.15 the Supreme Court set aside those judgments. Dismissal of the second appeal was upheld as the subsequent examination orders based on valid review panel certificates were not irregular, nor did statutory set-off or abuse of process apply; requirements for set-off and for setting aside examination orders were not made out by the plaintiff.

Parties
Plaintiff: Phillip Jacob Miles; Defendant: Sharon Christine Slack
Jurisdiction
Australia
Judgment Date
11 July 2022
Procedural Posture
Appeal / Judgment on Appeal From Local Court to Supreme Court; Related Motions
Outcome
First appeal allowed (judgments on Form C3 and C4A set aside); second appeal dismissed; costs reserved pending submissions.
Legal Topics
Appeals From Local Court, Setting Aside Judgments, Costs Assessment, Statutory Set Off, Examination Orders
Administrative Law Civil Procedure Appeals From Local Court Setting Aside Judgments Costs Assessment Statutory Set Off Examination Orders

Case Brief

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Parties

Phillip Jacob Miles

Plaintiff

Sharon Christine Slack

Defendant

Procedural Posture

Appeal / Judgment on Appeal From Local Court to Supreme Court; Related Motions

Legal Issues

  1. 1 Whether Local Court judgments entered on costs certificates should be set aside under UCPR r 36.15
  2. 2 Whether costs certificates suspended by review under Legal Profession Uniform Law Application Act 2014 (NSW) s 86 can be registered as judgments
  3. 3 Whether examination orders/ notices were irregular, in bad faith, or should be set aside

Ratio Decidendi

The Local Court judgments entered on 16 October 2020 upon filing of Form C3 and Form C4A costs certificates were irregular because their operation was suspended by s 86 of the Legal Profession Uniform Law Application Act 2014 (NSW) at the time of registration; therefore, under UCPR r 36.15 the Supreme Court set aside those judgments. Dismissal of the second appeal was upheld as the subsequent examination orders based on valid review panel certificates were not irregular, nor did statutory set-off or abuse of process apply; requirements for set-off and for setting aside examination orders were not made out by the plaintiff.

Court Disposition

First appeal allowed (judgments on Form C3 and C4A set aside); second appeal dismissed; costs reserved pending submissions.

Orders

  • Grant leave to appeal with respect to the decision of Milovanovich ALCM.
  • Allow the appeal: set aside judgments entered upon filing of Form C3 and C4A pursuant to r 36.15(1) UCPR.