The overriding purpose under s 56 of the Civil Procedure Act 2005 (NSW) may be given paramount weight in declining to order costs payable forthwith under UCPR r 42.7(2), particularly where the scope of the costs inquiry would be extensive and would generate satellite litigation diverting the parties from progressing the substantive case. A percentage-based apportionment of costs thrown away requires sufficient evidence of the costs attributable to abandoned causes of action; without such evidence, the court will make the standard order for costs thrown away.
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