Bobb v Wombat Securities Pty Ltd [2014] NSWCA 54

Bobb v Wombat Securities Pty Ltd [2014] NSWCA 54

Because the competency objection raised an unresolved question about whether proceedings under the Legal Profession Act 2004 (NSW) were an "action" for the purposes of s 127 of the District Court Act 1973 (NSW), and because related issues concerning any s 69 summons should be dealt with without multiple interlocutory hearings, the objection to competency and any extension of time motion should be stood over to a date before a Full Court.

Jurisdiction
Australia
Judgment Date
10 March 2014
Procedural Posture
Appeal From Judgment of District Court Concerning an Appeal Against an Assessment of Costs Under the Legal Profession Act 2004 (nsw) / Procedural Ruling on Objection to Competency and Possible Extension of Time for Judicial Review Summons
Outcome
Objection to competency and any extension of time motion stood over to a date before a Full Court; procedural directions made.
Legal Topics
['competency of Appeal' 'appeal From District Court' 'assessment of Costs' 'whether Appeal Under Legal Profession Act Is an Action' 'extension of Time to File Summons for Judicial Review' 'abuse of Process' 'referral to Full Court']
['appeal and New Trial' 'practice and Procedure' 'legal Profession Costs' 'judicial Review'] ['competency of Appeal' 'appeal From District Court' 'assessment of Costs' 'whether Appeal Under Legal Profession Act Is an Action' 'extension of Time to File Summons for Judicial Review' 'abuse of Process' 'referral to Full Court']

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Procedural Posture

Appeal From Judgment of District Court Concerning an Appeal Against an Assessment of Costs Under the Legal Profession Act 2004 (nsw) / Procedural Ruling on Objection to Competency and Possible Extension of Time for Judicial Review Summons

Legal Issues

  1. 1 ['Whether there is a right of appeal under s 127 of the District Court Act 1973 (NSW) from a District Court judgment in proceedings arising from an appeal under s 384 of the Legal Profession Act 2004 (NSW).' 'Whether an appeal under the Legal Profession Act 2004 (NSW) constitutes an "action" in the District Court.' 'Whether, if no appeal lies, the appellant should be permitted an extension of time to file a summons under s 69 of the Supreme Court Act 1970 (NSW).' 'Whether proposed judicial review proceedings would have merit or constitute an abuse of process.']

Ratio Decidendi

Because the competency objection raised an unresolved question about whether proceedings under the Legal Profession Act 2004 (NSW) were an "action" for the purposes of s 127 of the District Court Act 1973 (NSW), and because related issues concerning any s 69 summons should be dealt with without multiple interlocutory hearings, the objection to competency and any extension of time motion should be stood over to a date before a Full Court.

Court Disposition

Objection to competency and any extension of time motion stood over to a date before a Full Court; procedural directions made.

Orders

  • ['Stand the objection to competency over to a date to be fixed before a Full Court and stand over to the same date any motion by the appellant for an extension of time to file such summons as he may be advised under s 69 of the Supreme Court Act 1970.' 'Direct the Registrar to set the matters down for hearing for...