A gross sum costs order may be sought at any time before costs are referred for assessment, notwithstanding that the application is made more than 14 days after entry of the existing costs orders, because such an order varies only the mode of quantification and not the substance of the costs order. An order for interest on costs may likewise be sought after the 14-day period because s 98(3) of the Civil Procedure Act 2005 confers power to make orders 'as to costs' (which includes interest on costs) after the conclusion of proceedings. The decisions of McColl JA in Zepinic v Chateau Constructions (No 2) and Beazley JA in Timms v Commonwealth Bank of Australia (No 3) to the contrary were not followed.
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