Johnston v Boyd

[2024] NSWCA 75

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Application for leave to appeal
3. › Extension of time
4. › Application months out of time
5. › Explanation for delay
6. › Whether merit in proposed appeal warranted extension
7. › Uniform Civil Procedure Rules 2005 (NSW), r 59.10
1. Appeal
2. › Application for leave to appeal
3. › Judicial review of costs assessment
4. › Dismissal on discretionary grounds
5. › Failure to follow prescribed statutory procedure for review and appeal
6. › Whether arguable error established
7. › Legal Profession Uniform Law Application Act 2014 (NSW), ss 83, 85, 89
1. Practice and Procedure
2. › Costs
3. › Gross sum costs order
4. › Quantification
5. › Discount for items not allowable on party and party basis
6. › Civil Procedure Act 2005 (NSW), s 98(4)

Quick Take

This case is a routine application of settled principles and has minimal precedential value beyond illustrating that failure to use a statutory review mechanism will weigh heavily against judicial review on discretionary grounds.