Mere abandonment of an appeal does not of itself justify indemnity costs, but abandonment without explanation on the afternoon before the hearing, combined with the absence of any merit in the appeal, repeated non-compliance with court rules and directions, and an inference that proceedings were commenced to delay enforcement of costs, will together justify an order for indemnity costs. The power to order gross sum costs under s 98(4)(c) of the Civil Procedure Act 2005 (NSW) may be exercised where a party's conduct has contributed unnecessarily to the incurring of costs and there is a risk the party may not meet a costs liability.
The full text is available to signed-in members, including the 24 later cases that cite this judgment.
3 of the 24 citing cases carry a classified treatment. How each court treated it is available to signed-in members.