Bobb v Wombat Securities Pty Ltd

The proceedings involved an appeal by Bobb against a decision of Wombat Securities Pty Ltd. The core of the dispute concerned the competency of an appeal from a judgment of the District Court, which had itself determined an appeal against an assessment of costs under the *Legal Profession Act 2004* (NSW). The appeal was before Basten JA of the Supreme Court of New South Wales.

The primary legal issue before the court was whether an appeal from the District Court under the *Legal Profession Act 2004* constituted an "action" for the purposes of section 127 of the *District Court Act 1973* (NSW), which governs the right of appeal from the District Court. A secondary issue, raised in relation to potential judicial review proceedings, was whether granting an extension of time to file a summons for judicial review would constitute an abuse of process, with consideration of Uniform Civil Procedure Rules 2005 (NSW), r 59.10.

Basten JA determined that the objection to the competency of the appeal was significant enough to warrant consideration by a Full Court. The reasoning involved an interpretation of the *District Court Act 1973* (NSW) and the nature of the proceedings under the *Legal Profession Act 2004* (NSW). The court also considered the possibility of the appellant seeking an extension of time to file a summons for judicial review under section 69 of the *Supreme Court Act 1970* (NSW).

The court made several orders. It directed that the objection to competency be stood over to a date to be fixed before a Full Court, along with any motion by the appellant for an extension of time to file a summons for judicial review. The Registrar was directed to set these matters down for hearing. Leave was granted to the appellant to file an amended notice of appeal, subject to the respondent's agreement. The costs of the proceedings that morning were to be costs in the objection to competency motion.