Daley v Hughes

(2014) 86 NSWLR 729; [2014] NSWCA 268

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Competency of appeal
3. › Appeal from costs assessor to Supreme Court
4. › Whether preliminary or draft reasons constitute a 'decision'
5. › Distinction between 'decision' and 'determination'
6. › Whether interlocutory ruling on question of law is appealable
7. › Legal Profession Act 1987 (NSW), ss 208L, 208M
1. Costs
2. › Assessment of costs
3. › Costs assessor
4. › Statutory framework for costs assessment
5. › Draft reasons issued during assessment process
6. › Whether draft reasons binding on parties
7. › Legal Profession Act 1987 (NSW), Div 6 Pt 11
1. Statutory Interpretation
2. › Meaning of 'decision'
3. › Administrative and quasi-judicial proceedings
4. › Whether 'decision' limited to final or operative determination
5. › Distinction between 'decision' and 'determination' in statutory context
6. › Legal Profession Act 1987 (NSW), ss 208L, 208M

Quick Take

A costs assessor's preliminary or draft reasons expressing an intention as to how an assessment will proceed do not constitute a 'decision' under s 208L of the Legal Profession Act 1987 (NSW) and cannot be appealed as of right. Appeals under ss 208L and 208M may only be brought at the end of the assessment process or upon a formal determination. Currabubula & Paola v State Bank of New South Wales [2000] NSWSC 232 is overruled on this point.