Lawrence v Sammut (No 3)

The appeal in Lawrence v Sammut (No 3) was brought by the respondent, Lawrence, against the decision of a review panel under the Legal Profession Uniform Law Application Act 2014 (NSW) concerning a costs assessment. The appellant, Sammut, was a legal practitioner who had been subject to a costs order in a prior proceeding. Lawrence sought to appeal the review panel's decision, raising issues about the appropriateness of the costs awarded and the procedures followed in assessing those costs.

The primary legal issues before the court involved whether leave was required for an appeal from the review panel's decision, and if so, whether such leave should be granted. Additionally, the court examined the adequacy of the reasons provided by the review panel and the appropriateness of referring the matter to a referee for further examination under Rule 20.24 of the Uniform Civil Procedure Rules 2005. The court also considered the appropriate date from which to calculate interest on the costs awarded, under section 101 of the Civil Procedure Act.

The court found that while leave was not strictly required due to the amount in dispute being less than $100,000, if leave were necessary, it would have been granted. The review panel's reasons were deemed inadequate, and a consent referral to a referee was made. The referee's report was subsequently adopted by the court, and the appeal was dismissed. The court also determined that interest on the costs should be calculated from the date of the original costs order, not from a subsequent cost assessment. This decision provides clarity on the process and criteria for appeals from costs assessments under the Legal Profession Uniform Law Application Act 2014 (NSW).