The Court of Appeal made a gross sum costs order of $84,500 for the appeal proceedings and $5,000 for the motion, applying substantial discounts to the respondent's claimed costs on the basis that the solicitor costs were disproportionate to the complexity of a confined one-day appeal. The Court held that it was not appropriate for the Court of Appeal to determine a gross sum costs order in respect of first instance proceedings, as the trial judge is better placed to make the necessary assessments. Interest on costs under s 101(5) was ordered to run only from six months before the application was filed, rather than from the date of the original costs order, to reflect the applicant's unreasonable delay of approximately 21 months in bringing the motion.
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