Recent Cases

Ahern v Aon Risk Services Australia Limited [2023] NSWCA 91 (11 May 2023) (Ward P, Gleeson and Brereton JJA)


Catchwords:


APPEALS – Procedural fairness – Hearing rule – Whether primary judge entitled to determine application for extension of time of summons on hearing of motion to have that summons dismissed – Where issue of extension of time addressed in written submissions and oral argument at hearing – Not reasonably arguable that any denial of procedural fairness

CIVIL PROCEDURE – Procedure at hearing – Addresses – Applicants sought Court’s leave to file additional short submissions on matters raised at hearing – No new development since hearing – Leave refused

APPEALS – Procedure – Leave to appeal – Whether primary judge erred by referring to need for a “strongly arguable case” for leave – Where delay lengthy and prejudice considerable a strongly arguable case may be required to justify an extension of time – No error

CIVIL PROCEDURE – Court of Appeal – Costs orders – Appeal from costs orders in interlocutory proceedings – Where successful motion to have summons dismissed – Primary judge correct to order applicants pay respondent’s costs of motion and proceedings that were dismissed

CIVIL PROCEDURE – Court of Appeal – Costs orders – Appeal from costs orders in interlocutory proceedings – Whether primary judge erred by ordering gross sum costs order including GST when costs claimed exclusive of GST – Court would not grant leave to appeal on question of costs alone in the context of a gross sum order of $80,000 over a component of $8,000 in it – Leave refused

APPEALS – Leave to appeal – Whether leave required – Interlocutory decisions – Order summarily dismissing proceedings – Order summarily dismissing proceedings is an interlocutory order for the purposes of whether leave to appeal is required