The Court ordered costs in favour of the defendant following the striking out of the amended statement of claim and dismissal of proceedings, applying the general rule that costs follow the event under UCPR r 42.1. The Court declined to make a gross sum costs order of $70,000 under s 98(4)(c) of the Civil Procedure Act 2005 (NSW), finding that the defendant's evidence — a bare statement of total costs and disbursements with a percentage discount — did not provide sufficient detail as to timing, nature of costs, charge rates, or likely recoverable amounts to permit confident assessment of quantum. Prior interlocutory costs orders were preserved rather than vacated.
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