Cappello v Homebuilding Pty Ltd

The applicants sought judicial review of a decision by Homebuilding Pty Ltd, the first respondent. The dispute concerned costs orders made under section 135 of the *Civil Procedure Act 2005* (NSW). The applicants argued that registered certificates of determination of costs under section 70(5) of the *Legal Profession Uniform Law Application Act 2014* (NSW) were not "judgments" of the Court. The matter was heard by Kirk JA.

The primary legal issue before the Court was whether registered certificates of determination of costs, issued under the *Legal Profession Uniform Law Application Act 2014* (NSW), constitute "judgments" for the purposes of the *Civil Procedure Act 2005* (NSW). A secondary issue arose concerning the applicants' summons for judicial review, specifically whether the action disclosed no reasonable basis, as contemplated by rule 13.4 of the *Uniform Civil Procedure Rules 2005* (NSW).

Kirk JA determined that registered certificates of determination of costs are indeed judgments of the Court. His Honour reasoned that this interpretation aligns with the statutory scheme and that the respondents' argument to the contrary was unsustainable. Consequently, the applicants' summons seeking judicial review was dismissed pursuant to rule 13.4 of the *Uniform Civil Procedure Rules 2005* (NSW) as the action disclosed no reasonable basis.

The applicants were ordered to pay the first respondent's costs of the proceedings in the Court on an indemnity basis.