A gross sum costs order of $50 million was made following dismissal of proceedings claiming US$8.3-29.3 billion, where total actual costs were approximately $75 million. The Court confirmed that a broad-brush approach is appropriate and that mathematical precision is not required. A 'Rolls-Royce' defence approach may be justified by the magnitude of claims but the court will still apply a discount. Settlements with litigation funders must be deducted in full from the gross sum. Interest on costs runs from the date of the costs order where the paying party has failed to pay any costs over an extended period.
The full text is available to signed-in members, including the 261 later cases that cite this judgment.
7 of the 261 citing cases carry a classified treatment. How each court treated it is available to signed-in members.