The ordinary rule that costs follow the event applies on dismissal of an appeal. There is an unresolved conflict in NSWCA authority on whether interest on costs should ordinarily be ordered under s 101(4) of the Civil Procedure Act 2005 (NSW), with Illawarra Hotel requiring more than pointing to protracted proceedings and Drummond and Rosen suggesting interest should ordinarily be ordered. Where costs were incurred very recently, interest on costs is unlikely to be awarded.
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