Recent Cases

Fong Bhnf Fong v Weller [2024] NSWCA 46 (08 March 2024) (Gleeson, Mitchelmore and Kirk JJA)


Catchwords:


COSTS — Assessment procedure — Competing costs agreements — Second costs agreement with tutor — Tutor’s right of indemnity from incapacitated person

APPEALS — Right of appeal — Relationship with judicial review — Whether right of appeal is reason to deny judicial review

JUDGMENTS AND ORDERS — Judicial review application of decision made under UCPR r 36.15 — Setting aside judgment — Court of Appeal — Issues not raised below — Absence of proper evidence — Importance of written submissions in identifying issues — Costs consequences where issues not identified by respondent

JUDICIAL REVIEW — Presence of error — Error not identified by parties — Exercise of discretion — Error goes only to whether applicant liable directly or indirectly — Time for disputation to end