Wilson v Mirus Australia Pty Ltd [2024] NSWCA 111

Wilson v Mirus Australia Pty Ltd [2024] NSWCA 111

The proposed grounds of appeal raised no issue of principle, did not require the resolution of conflicting decisions, and did not rise above being 'merely arguable'; accordingly, leave to appeal was refused. The review panel had the power to determine the costs of the review assessment as set out in the statutory scheme.

Jurisdiction
Australia
Judgment Date
10 May 2024
Procedural Posture
Application for Leave to Appeal / Leave to Appeal Determination
Outcome
Leave to appeal refused and summons dismissed
Legal Topics
['leave to Appeal' 'costs Assessment' 'review of Costs Assessment' 'procedure for Costs Disputes' 'functions of Review Panel']
['appeal and Review' 'costs'] ['leave to Appeal' 'costs Assessment' 'review of Costs Assessment' 'procedure for Costs Disputes' 'functions of Review Panel']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Leave to Appeal Determination

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from a judgment disposing of an appeal from review of a costs assessment' 'Whether the review panel has the function of determining the costs of the review and who should pay them under the relevant statutory scheme' 'Whether the review panel failed to provide adequate reasons for its determination']

Ratio Decidendi

The proposed grounds of appeal raised no issue of principle, did not require the resolution of conflicting decisions, and did not rise above being 'merely arguable'; accordingly, leave to appeal was refused. The review panel had the power to determine the costs of the review assessment as set out in the statutory scheme.

Court Disposition

Leave to appeal refused and summons dismissed

Orders

  • ['Leave to appeal refused and summons filed 5 March 2024 is dismissed.' "The applicant to pay the respondent's costs of the application in this Court."]