There is no rule of law requiring a finding of 'exceptional circumstances' before a court may order a successful party to pay the costs of an unsuccessful party. The costs discretion under s 98 of the Civil Procedure Act 2005 (NSW) is not confined by rules stated by appellate courts or established by practice. Prolonged deceptive conduct, filing of false documents, and late production of evidence may constitute an extremely powerful basis for ordering a successful party to pay the unsuccessful party's costs.
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