3. Can I stop a judge from making an immediate “summary assessment” of interlocutory costs if I have strong grounds to dispute the bill?

3. Can I stop a judge from making an immediate “summary assessment” of interlocutory costs if I have strong grounds to dispute the bill? 

Yes. While summary assessment (a broad-brush determination where payment is usually required within 14 days) is the norm for interlocutory applications, the court is strictly prohibited from making a summary assessment if you shows substantial grounds for disputing the sum claimed for costs that cannot be dealt with summarily. 

“Substantial grounds” refers to disputed points of principle or complex underlying issues rather than simple quantum disputes. Where substantial grounds exist, the cost claim must proceed to formal taxation or provisional paper taxation, allowing you to submit a full List of Objections. 

However, if you only dispute the reasonableness of counsel’s brief fee or the hours spent drafting an affidavit/affirmation, the court can and will address those on a broad-brush basis during summary assessment.