Proceedings dismissed for want of prosecution are an archetypal case for gross sum costs orders under s 98(4)(c) of the Civil Procedure Act 2005 (NSW). Where detailed and unchallenged expert costs evidence is available, no further discount beyond the expert's deductions is required to ameliorate potential unfairness in the gross sum assessment process. The inability of a costs respondent to pay is not a sufficient answer to a gross sum costs application.
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