Background
Michael Brereton and Sean Wengel, as joint and several liquidators of Get Concreted Pty Ltd (in liquidation), and the company sued Daniel Gatto.
On 24 September 2026, Jackman J entered default judgment for the plaintiffs with costs. His Honour directed the plaintiffs to file an affidavit the next day addressing the amount of a lump sum costs order.
The Court’s Holding
The plaintiffs filed an affidavit from Megan Scott, a partner of their solicitors, Hall & Wilcox. It quantified their costs at $27,422.48: $22,867.13 in professional fees after a 25% discount, and $4,555.35 in undiscounted disbursements.
Jackman J held that the claimed amount was reasonable and corresponded with the amount likely recoverable on a party-party assessment. The Court therefore ordered Gatto to pay the plaintiffs’ lump sum costs of $27,422.48 pursuant to the earlier costs order.
Key Takeaways
- A court may fix costs as a lump sum after default judgment rather than require a formal assessment.
- A solicitor’s affidavit can support the quantification where it provides a reasonable estimate of fees and disbursements.
- A discount to professional fees may assist in showing that the proposed lump sum aligns with likely party-party recovery.
Why It Matters
The decision is a short illustration of the Federal Court’s practical approach to quantifying costs following default judgment. Where supported by evidence and a reasonable discount, a lump sum may be ordered promptly without further costs assessment proceedings.