An order for pre-assessment interest on costs under s 101(4) of the Civil Procedure Act 2005 (NSW) may be made without evidence of the dates and amounts of costs paid (majority view). The power must be exercised by the Court, not by a costs assessor, and must be sought in the substantive judgment or on a motion filed within 14 days thereafter. A Calderbank offer at first instance is capable of being relevant to indemnity costs on appeal, but the absence of a corresponding offer in the appeal tends against such an order.
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