Cappello v HomeBuilding Pty Ltd

The applicants, Mr. Cappello and others, sought judicial review of a decision made by the District Court of New South Wales. This decision followed an appeal from a costs assessor concerning the assessment of costs. The applicants contended that their challenge to the costs assessor's findings had been wrongly described and that the District Court had made errors of law on the face of the record, including reliance on certain cases in error and a failure to consider their arguments and alleged implications under the *Legal Profession Uniform Law 2014* (NSW).

The primary legal issues before the Court of Appeal were whether the District Court had erred in law by mischaracterising the applicants' challenge, whether it had wrongly relied on certain case law, and whether it had failed to adequately consider the applicants' submissions, particularly those relating to the *Legal Profession Uniform Law 2014* (NSW). The applicants also argued that the District Court had improperly relied on evidence from the bar table.

The Court of Appeal found no errors of law on the face of the record. It concluded that the District Court's characterisation of the applicants' challenge was not erroneous and that the reliance on case law was appropriate. Furthermore, the court determined that the District Court had considered the relevant arguments and the implications of the *Legal Profession Uniform Law 2014* (NSW), and that the use of bar table evidence was permissible in the circumstances. Consequently, the Amended Summons was dismissed. The applicants were ordered to pay the respondents' costs of the application on an indemnity basis.