Wilson v Mirus Australia Pty Ltd

[2024] NSWCA 111

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Costs assessment proceedings
4. › Judgment disposing of appeal from review of costs assessment
5. › Whether proposed grounds raise issue of principle or clear injustice
6. › Whether costs disputes as satellite litigation warrant further hearing
7. › Supreme Court Act 1970 (NSW), s 101(2)(q)
1. Costs
2. › Assessment of costs
3. › Review of costs assessment by review panel
4. › Functions of review panel
5. › Whether review panel has function of determining costs of review and who should pay them
6. › Legal Profession Uniform Law Application Act 2014 (NSW), ss 78, 85

Quick Take

Costs assessment review panels have the function of determining the costs of the review and by whom they are payable, and leave to appeal in costs-only matters faces a high threshold, particularly where the matter has already been the subject of multiple hearings.