Hunter v Hanson

Hunter sought leave to appeal against the Review Panel's decision under the Legal Profession Act 2004 (NSW), claiming that the Panel had failed to provide adequate reasons for its decision. The dispute arose from a costs order made in litigation between Hunter and Hanson. Hunter argued that the Review Panel's decision did not sufficiently address the grounds of appeal that had been raised, and that the method used to assess the fees for counsel's preparation constituted a legal issue. Hanson opposed the application, asserting that the Review Panel's decision was adequately reasoned and that the grounds of appeal did not meet the necessary criteria.

The court considered whether the grounds of appeal related to issues that were raised with the Review Panel and whether the method of assessing counsel's preparation fees constituted a legal issue. The court determined that the Review Panel had indeed provided adequate reasons for its decision, and that the grounds of appeal did not pertain to the issues that were raised. Furthermore, the court found that the method of assessing counsel's preparation fees was not a legal issue, but rather a matter of discretion within the Review Panel's authority.

In light of the findings, the court dismissed the summons and reserved costs, granting liberty to apply in relation to costs and retaining the exhibits until further order. The decision underscored the importance of properly addressing the grounds of appeal and the scope of the Review Panel's discretion in assessing costs.