The Court held that the statutory test for making a group costs order under s 33ZDA requires the order to be both appropriate AND necessary to ensure justice is done, not merely one or the other. A GCO at 39% of any award or settlement was approved where evidence showed the proceeding would likely be discontinued without it and no alternative funding was available. The Court emphasised its power under s 33ZDA(3) to later reduce the percentage rate once more information about quantum and costs becomes available.
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