A defendant's limited financial means, protracted litigation history, failure to satisfy previous costs orders, and the modest quantum of costs sought are factors supporting the exercise of the discretion to make a gross sum costs order under s 98(4)(c) of the Civil Procedure Act 2005 (NSW). A 10% discount to counsel's fees and a combined 40% discount to solicitor's fees (30% for ordinary basis reduction plus 10% for gross sum nature) may be appropriate where the costs are modest and well-documented.
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