Money Max Int Pty Limited (Trustee) v QBE Insurance Group Limited (No 3)

Money Max Int Pty Limited (Trustee) sought a lump sum assessment of costs incurred by PricewaterhouseCoopers (PwC) in responding to a subpoena. The case was heard in the Federal Court of Australia. The primary issue before the court was whether the lump sum assessment for the costs incurred by PwC in responding to a subpoena should be granted and, if so, what the appropriate amount should be.

The court considered the relevant statutory and rule frameworks, including sections 43 of the Federal Court of Australia Act 1976 and rules 40.02 and 24.22 of the Federal Court Rules 2011. It noted the principles established in case law and the Costs Practice Note (GPN-COSTS) regarding lump sum costs assessment. The court acknowledged that a lump sum costs assessment is appropriate in certain circumstances, such as when the process of taxation would be unduly protracted or expensive. The court concluded that a lump sum assessment was suitable in this case due to the simplicity of the dispute and the need to expedite the distribution of settlement monies to class members.

After considering the evidence provided by the affidavits, the court assessed the costs incurred by PwC in responding to the subpoena at $90,000 (exclusive of GST) and allowed PwC's costs of preparing the lump sum costs application in the sum of $17,000 (exclusive of GST). The court ordered that the applicant pay the assessed subpoena costs and the costs of the lump sum costs application.