An application under ss 28 and 29 of the Civil Procedure Act 2010 to dismiss a proceeding for breach of overarching obligations is not to be determined by reference to the 'no real prospect of success' test in s 63; the discretion under s 29 is sui generis and requires consideration of all relevant circumstances including but not limited to the merits of the underlying claim. Applications under r 63.23 of the Rules for costs against lawyers should ordinarily be made no later than the time final costs orders are sought, and the time limit in s 30 of the CPA is a relevant but not determinative consideration in the exercise of the r 63.23 discretion where the application is based on breach of an overarching obligation.
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