186 Raglan Street

COSTS – costs’ assessment – late application to review certificate – application to Manager, Costs Assessment to extend time – whether assessment under Legal Profession Uniform Law Application Act 2015 (NSW) or Legal Profession Act 2004 (NSW) – error by Manager as to applicable law – whether error material – whether applicant demonstrated available grounds for review CIVIL PROCEDURE – application to review decision of Manager, Costs Assessment – whether proceedings for judicial review or review under Uniform Civil Procedure Rules 2005 (NSW), r 49.19, 49.20 – nature of review WORDS AND PHRASES – “proceeding” – whether appeal is a different proceeding from trial – transitional provision – Legal Profession Uniform Law Application Regulation 2015 (NSW), cl 59 WORDS AND PHRASES – “review” – Uniform Civil Procedure Rules 2005 (NSW), cl 49.19 – distinguished from judicial review under Supreme Court Act 1970 (NSW), s 69

JUDICIAL REVIEW – remedies – materiality – review of appeal of costs assessment – incorrect application of repealed statute – application of the correct statute would have led to the same order – whether error jurisdictional – refusal of relief on discretionary grounds COSTS – appeal – cost assessment – costs assessment appeal – repealed Legal Profession Act 2004 (NSW) applied instead of Legal Profession Uniform Law Application Act 2014 (NSW) – effect of savings provisions – Interpretation Act 1987 (NSW), s 30 COSTS – appeal to District Court – indemnity costs ordered – incorrect law relied on by successful party – correct law resulted in same substantive order – costs of successful party WORDS AND PHRASES – “proceeding” – “proceedings to which the costs relate commenced” – Legal Profession Uniform Law Application Regulation 2015 (NSW), cl 59

CIVIL PROCEDURE – registrars – review of registrar’s decision – court of appeal – no issue of principle