A party seeking to disturb a costs order on the basis of the successful party's partial success must identify specific issues on which it succeeded and establish the extent to which costs were increased by the successful party's pursuit of issues on which it failed; mere reliance on the disproportion between the amount claimed and the amount recovered is insufficient. A party seeking to cap the successful party's costs under s 98(4)(c) of the Civil Procedure Act 2005 must lay an evidentiary foundation addressing the costs actually incurred, the circumstances of their incurrence, and their reasonableness. A claimant seeking an inquiry as to damages on a freezing order undertaking must adduce credible evidence of loss caused by the order.
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