The Court dismissed a motion for a gross sum costs order under s 98(4)(c) of the Civil Procedure Act 2005 (NSW) because the supporting evidence failed to demonstrate a logical, fair and reasonable basis for quantifying the sum claimed. Generic invoice narrations, absence of reasoning linking costs to specific interlocutory orders, and insufficient explanation of how costs were 'thrown away' meant the Court lacked confidence to arrive at an appropriate figure. The Court also indicated that, even had it been able to assess a sum, it would not have allowed the near-indemnity percentages claimed (100% counsel/90% solicitor) for orders made on the ordinary basis, and would have applied a further discount consistent with gross sum assessment practice.
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