Summary Assessment Unopposed Costs

Where a party’s conduct in litigation is unreasonable to a high degree, taking the situation “out of the norm”, the court may order costs to be assessed on the indemnity basis. This can include a deliberate choice to frustrate the proceedings by failing to comply with court orders. [104]
On a summary assessment of costs, the court may apply a broad percentage reduction to a claimed total to reflect aspects of the application that were not pursued at the hearing, such as an adjourned summary judgment application. [106-107]
When determining a payment on account of costs following a final judgment, the court will consider the incurred costs as shown in a Precedent H and other relevant statements, and is likely to order a substantial payment where the costs appear reasonably incurred, reasonable in amount, proportionate, and likely to be recovered on a detailed assessment. [110-112]
On a standard basis summary assessment, the court may award a sum lower than the full amount claimed in a Statement of Costs, even where the overall sum is modest and the receiving party has been successful, particularly in the absence of submissions from the paying party. [113]
The court may make a single costs order covering multiple related applications, apportioning the total costs incurred between them on a reasonable percentage basis to reflect the work attributable to each. [102]