An untaxed costs order can constitute an offsetting claim under s 459H of the Corporations Act 2001 (Cth), and the court may estimate the amount of such a claim using evidence from either party's affidavits and the court's own knowledge and experience of costs assessment, without requiring a bill of costs in taxable form. Where costs orders require set-off, the offsetting claim is the net amount after set-off. The majority and dissent disagreed on the sufficiency of the evidence, highlighting the importance of adducing evidence that enables quantification rather than merely asserting the claim is unquantifiable.
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