Abandonment of a claim is not sufficient in itself to warrant indemnity costs, but indemnity costs may be awarded for a hopeless claim whether or not abandoned. No special or extraordinary circumstances are required before interest on costs is ordered under s 101 of the Civil Procedure Act 2005 (NSW). Where a successful party has paid costs progressively, interest should be calculated on a proportionate basis reflecting the ratio of costs allowed on assessment to total costs paid.
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