Boensch v Somerville Legal Pty Ltd [2019] NSWCA 249 (23 October 2019) (Macfarlan JA at [1]; Meagher JA at [2]; Emmett AJA at [3])


Catchwords:


PROCEDURE – Client sought leave to file an amended summons by way of appeal from decisions of the Costs Review Panel – Matter struck out or dismissed by primary judge – Primary judge refused to exercise discretion to set aside orders made by the Costs Appeal Panel

JUDICIAL REVIEW – Whether primary judge’s refusal to exercise discretion to grant leave to file the amended appeal summons constitutes jurisdictional error