Qin v He [2020] NSWCA 275

Qin v He [2020] NSWCA 275

There was no statutory right of appeal to the Court from the District Court's determination of Mr Qin's appeal under s 89 of the Legal Profession Uniform Law Application Act 2014 (NSW), because the District Court was exercising a statutory appellate jurisdiction in costs assessment proceedings and the proceeding was not an action within District Court Act 1973 (NSW), s 127. The notice of appeal was therefore incompetent and had to be dismissed.

Jurisdiction
Australia
Judgment Date
02 November 2020
Procedural Posture
Appeal From District Court Determination of an Appeal From a Costs Assessment Review Panel / Show Cause Hearing as to Whether the Appeal Should Be Dismissed as Incompetent
Outcome
Appeal dismissed as incompetent.
Legal Topics
['court of Appeal Jurisdiction' 'appeal From District Court' 'costs Assessment Under the Legal Profession Uniform Law Application Act 2014 (nsw)' 'incompetent Appeal']
['civil Procedure' 'costs Assessment' 'appellate Jurisdiction'] ['court of Appeal Jurisdiction' 'appeal From District Court' 'costs Assessment Under the Legal Profession Uniform Law Application Act 2014 (nsw)' 'incompetent Appeal']

Case Brief

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Procedural Posture

Appeal From District Court Determination of an Appeal From a Costs Assessment Review Panel / Show Cause Hearing as to Whether the Appeal Should Be Dismissed as Incompetent

Legal Issues

  1. 1 ["Whether there is a statutory right of appeal to the Supreme Court from the District Court's determination of an appeal under s 89(1) of the Legal Profession Uniform Law Application Act 2014 (NSW)." 'Whether the appeal should be dismissed as incompetent.']

Ratio Decidendi

There was no statutory right of appeal to the Court from the District Court's determination of Mr Qin's appeal under s 89 of the Legal Profession Uniform Law Application Act 2014 (NSW), because the District Court was exercising a statutory appellate jurisdiction in costs assessment proceedings and the proceeding was not an action within District Court Act 1973 (NSW), s 127. The notice of appeal was therefore incompetent and had to be dismissed.

Court Disposition

Appeal dismissed as incompetent.

Orders

  • ['Dismiss the notice of appeal filed on 12 August 2020.' 'No order in favour of any of the respondents as to the costs of the proceedings or of the show cause application.']