DLaw Pty Ltd v Croft Developments Pty Ltd

[2026] NSWCA 205

NSW Court of Appeal

Built by Barristers,
For Australian Law.

1. APPEALS — Leave to appeal — judicial review — whether there is power to amend an application for costs assessment — issue of public importance — costs assessment of amended application completed and the subject of a review from which an appeal would lie — application both too late and premature — fragmentation of proceedings — unclear whether relief sought has utility — leave to appeal refused

The existence of a question of principle or public importance does not automatically require a grant of leave to appeal; other factors including fragmentation of proceedings, availability of alternative statutory remedies, prematurity, and lack of utility may be determinative against the grant of leave.
Where proceedings in a statutory tribunal have involved alleged errors capable of correction through an available statutory appeal procedure (here, review panel determination followed by appeal under s 89 of the Legal Profession Uniform Law Application Act 2014 (NSW)), the risk of fragmentation through judicial review will weigh heavily against the grant of relief.
Whether there is an implied power to amend an application for assessment of legal costs under s 198 of the Legal Profession Uniform Law (NSW) was left open, with the Court identifying at least three arguable bases for such a power but declining to resolve the question on the leave application.