Ahern v Aon Risk Services Australia Limited [2023] NSWCA 91

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ahern v Aon Risk Services Australia Limited [2023] NSWCA 91 Hearing dates: 3 February 2023 Date of orders: 11 May 2023 Decision date: 11 May 2023 Before: Ward P at [1]; Gleeson JA at [2]; Brereton JA at [3]. Decision: In Proceedings 2022/184703: (1) The appeal is dismissed as incompetent. (2) The appellants pay the respondents costs of the appeal, including of the appellants' motion filed on 5 August 2022. In Proceedings 2022/266023: (1) Leave to appeal is refused, with costs. 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 Legislation Cited: Civil Procedure Act 2005 (NSW), s 101 Legal Profession Act 2004 (NSW), s 382(1), s 353, s 384, s 385 Legal Profession Uniform Application Act 2014 (NSW) Supreme Court Act 1970 (NSW), s 102(2)(e) Uniform Civil Procedure Rules 2005 (NSW) r 50.12, Pt 19 Cases Cited: Ahern v Aon Risk Services Australia Limited [2021] NSWCA 166 Ahern v Aon Risk Services Australia Ltd [2020] NSWDC 159 Asuzu v Council of the New South Wales Bar Association [2012] NSWCA 406 Currabubula & Paola v State Bank of New South Wales [2000] NSWSC 232 Macatangay v State of New South Wales (No 2) [2009] NSWCA 272 McGinn v Cranbrook Schools [2016] NSWCA 226 Nobarani v Mariconte (2018) 265 CLR 236; [2018] HCA 36 Page v McKensey [2004] NSWCA 437 Renshaw v New South Wales Lotteries Corporation Pty Ltd [2021] NSWCA 41 Tomko v Palasty (No 2) (2007) 71 NSWLR 61; [2007] NSWCA 369 Wickstead v Browne (1992) 30 NSWLR 1; [1992] NSWCA 272 Category: Principal judgment Parties: Marshall Ahern (First Applicant) Therese Estelle Clancy (Second Applicant)