The Full Court held that no order as to costs would be made where the appellant's conviction was quashed not on the merits of his grounds of appeal but on considerations raised by the Court itself, which both parties had urged the Court not to pursue. Although the appellant technically succeeded in having the conviction set aside, the Court treated him as not truly 'successful' for costs purposes because he opposed the course the Court adopted, and the outcome resulted from what the majority determined was a miscarriage of proceedings in the lower court.
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