Ahern v Aon Risk Services Australia Limited

[2023] NSWCA 91

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Interlocutory orders
4. › Order summarily dismissing proceedings
5. › Whether interlocutory for purposes of leave requirement
6. › Supreme Court Act 1970 (NSW), s 102(2)(e)
1. Appeal
2. › Procedural fairness
3. › Hearing rule
4. › Whether primary judge entitled to determine application for extension of time on hearing of motion to dismiss
5. › Where issue addressed in written submissions and oral argument
1. Civil Procedure
2. › Extension of time
3. › Relationship between delay, prejudice and arguability of case
4. › Whether 'strongly arguable case' standard appropriate where delay lengthy and prejudice considerable
5. › Uniform Civil Procedure Rules 2005 (NSW), r 50.12
1. Civil Procedure
2. › Costs
3. › Gross sum costs order
4. › Whether leave to appeal should be granted on costs question alone
5. › Whether GST component in gross sum order warrants leave

Quick Take

Where a summons is filed out of time without claiming an extension, the extension of time issue may be determined at the hearing of a motion to dismiss rather than at a separate hearing, and parties must be prepared to address it.