Frisken v Bitar Pty Limited

[2026] NSWSC 10

Supreme Court of NSW

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Interrogate

Catchwords

1. Costs
2. › Appeal against costs assessment
3. › Leave to adduce additional evidence on appeal
4. › Evidence available but deliberately not adduced below
5. › Whether leave should be granted
6. › Legal Profession Uniform Law Application Act 2014 (NSW), s 89(4)
1. Appeal
2. › Appeal by way of rehearing
3. › Nature of rehearing in statutory context
4. › Distinction between rehearing, appeal in strict sense, and hearing de novo
5. › Whether appeal by way of rehearing permits fresh start
6. › Legal Profession Uniform Law Application Act 2014 (NSW), s 89
7. › Supreme Court Act 1970 (NSW), s 75A
1. Practice and Procedure
2. › Security for costs
3. › Corporate plaintiff no longer trading
4. › Receiver suing for benefit of corporation
5. › Whether security should be ordered
6. › Uniform Civil Procedure Rules 2005, r 42.21

Quick Take

On an appeal by way of rehearing under s 89 of the Legal Profession Uniform Law Application Act 2014 (NSW), leave to adduce evidence that was available but deliberately not tendered at the costs assessment or review panel proceedings will ordinarily be refused, as the appeal is not an opportunity to restart the whole of the proceedings.