Ahern v Aon Risk Services Australia Ltd (No 2) [2022] NSWCA 39

Ahern v Aon Risk Services Australia Ltd (No 2) [2022] NSWCA 39

A gross sum costs order was appropriate because there had been a protracted and acrimonious dispute, difficulties and delays had occurred in past costs assessment attempts, and Mr Ahern was responsible for at least some delay in the judicial review proceeding. Aon's unchallenged evidence established actual costs incurred, but the Court applied a broad brush discount to account for contingencies and possible differences in formal assessment. A discount of approximately 30% of the actual costs incurred for the summons produced a fair, logical and reasonable gross sum of $75,000, and a 30% discount to the estimated costs assessment figure for the motion produced $8,000.

Jurisdiction
Australia
Judgment Date
18 March 2022
Procedural Posture
Costs / Notice of Motion for Specified Gross Sum Costs Order Determined on the Papers After Dismissal of Summons for Judicial Review
Outcome
Notice of motion granted in part; specified gross sum costs orders made.
Legal Topics
['specified Gross Sum Costs Order Under Civil Procedure Act 2005 (nsw), S 98(4)(c)' 'quantification of Costs' 'costs Assessment' 'delay and Aggravation in Litigation' 'judicial Review Costs']
['costs' 'civil Procedure'] ['specified Gross Sum Costs Order Under Civil Procedure Act 2005 (nsw), S 98(4)(c)' 'quantification of Costs' 'costs Assessment' 'delay and Aggravation in Litigation' 'judicial Review Costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Costs / Notice of Motion for Specified Gross Sum Costs Order Determined on the Papers After Dismissal of Summons for Judicial Review

Legal Issues

  1. 1 ['Whether it was appropriate to make a specified gross sum costs order under Civil Procedure Act 2005 (NSW), s 98(4)(c).' 'Whether the Court could determine a fair, logical and reasonable gross sum on the available evidence.' "What discount should be applied in quantifying Aon's costs of the summons and of the motion."]

Ratio Decidendi

A gross sum costs order was appropriate because there had been a protracted and acrimonious dispute, difficulties and delays had occurred in past costs assessment attempts, and Mr Ahern was responsible for at least some delay in the judicial review proceeding. Aon's unchallenged evidence established actual costs incurred, but the Court applied a broad brush discount to account for contingencies and possible differences in formal assessment. A discount of approximately 30% of the actual costs incurred for the summons produced a fair, logical and reasonable gross sum of $75,000, and a 30% discount to the estimated costs assessment figure for the motion produced $8,000.

Court Disposition

Notice of motion granted in part; specified gross sum costs orders made.

Orders

  • ["Pursuant to Civil Procedure Act 2005 (NSW), s 98(4)(c), Mr Ahern pay Aon's costs of the summons filed on 3 August 2020 in the gross sum of $75,000." "Pursuant to Civil Procedure Act 2005 (NSW), s 98(4)(c), Mr Ahern pay Aon's costs of this motion filed on 19 August 2021 in the gross sum of $8,000."]