The only appeal to the District Court from a costs assessor's determination under the Legal Profession Act 2004 is pursuant to s 384 and is limited to an appeal as to a matter of law arising from the decision of the costs assessor. A challenge to the assessment in terms of its quantification, either in totality or in respect of certain items, would rarely, if ever, give rise to a matter of law.
An applicant for a stay of judgment pending judicial review must demonstrate an arguable case on the merits; where the matters complained of as procedural unfairness were not properly before the court below (because no appeal or cross-appeal was filed), no arguable case for denial of procedural fairness is established. A challenge to the quantification of a costs assessment will rarely, if ever, constitute a matter of law for the purposes of s 384 of the Legal Profession Act 2004.
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