Asuzu v Council of the New South Wales Bar Association

The New South Wales Court of Appeal considered an appeal by Asuzu against the Council of the New South Wales Bar Association. The primary dispute concerned the competency of Asuzu's appeal, with the Council arguing it was filed out of time and was frivolous or vexatious.

The Court was required to determine whether the Notice of Appeal was filed in accordance with Rule 51.61(1)(c) of the Uniform Civil Procedure Rules 2005, considering the relevant material date and the effect of the doctrine of *functus officio* and liberty to apply. Additionally, the Court had to assess whether the appeal should be summarily dismissed under Rule 13.4 as frivolous or vexatious, applying the principles from *General Steel Industries Inc v Commissioner for Railways* and *Dey v Victorian Railways Commissioner*. This involved considering whether the grounds of appeal disclosed any error of law, fact, or discretion that affected the result, or a reasonably arguable basis for the appeal. The Court also considered whether leave to appeal from a costs order was required if the challenge to the substantive orders had been maintainable.

The Court found that the appeal was not competent. It reasoned that the appellant's reliance on *functus officio* was misplaced given the context of the proceedings and the liberty to apply. Furthermore, the grounds of appeal were found to be manifestly groundless and did not disclose a reasonably arguable basis, failing to meet the threshold for an appeal. The objection to competency was also raised in a timely manner.

The proceedings were summarily dismissed.