Altaranesi v Sydney Local Health District

Altaranesi sought leave to appeal the costs assessment of the proceedings in the Court of Appeal. The Sydney Local Health District opposed the application, which was heard by the District Court. The primary issue before the court was whether the District Court had jurisdiction to grant leave to appeal under section 385 of the Legal Profession Act 2004 (NSW) from the assessment of costs of proceedings in the Court of Appeal. Additionally, the court needed to determine if the appeal could be brought alternatively under section 384 of the same Act and whether leave to appeal under section 385 should be granted.

The court examined the statutory provisions and found that section 385 of the Legal Profession Act 2004 (NSW) only allows for leave to appeal in cases of costs assessments made by the Supreme Court, not the Court of Appeal. Consequently, the District Court did not have jurisdiction to grant leave to appeal under section 385. The court also considered whether the appeal could be brought under section 384 but found that this section did not apply to the present case. Ultimately, the court dismissed Altaranesi's application for leave to appeal, finding that none of the available statutory provisions supported such an appeal. The court further ordered that Altaranesi pay the Health District's costs.