Lo and Anor v Iverach and Anor

[2009] NSWCA 92

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Assessment of costs
4. › Whether costs may be assessed after conclusion of proceedings
5. › Whether proceedings were interlocutory or final
6. › Supreme Court Rules, Pt 52 r 9A(1)
1. Practice and Procedure
2. › Abuse of process
3. › Repeated applications raising same argument
4. › Whether continued contention that proceedings were interlocutory was abuse of process
5. › Uniform Civil Procedure Rules, Pt 13.4
1. Practice and Procedure
2. › Review of Registrar's decision
3. › Application to discharge or vary order of Judge of Appeal
4. › Standard of review
5. › Whether error in principle or decision plainly wrong
6. › Supreme Court Act 1970 (NSW), ss 46(4), 121(3)

Quick Take

An application to discharge or vary an order of a Judge of Appeal under s 46(4) of the Supreme Court Act 1970 (NSW) requires demonstration of error in principle or that the decision was plainly wrong, applying a test akin to House v The King. Repeated pursuit of an argument that concluded proceedings are interlocutory, for the purpose of resisting costs assessment, constitutes an abuse of process warranting indemnity costs.