In complex multi-party appeals where parties take shifting positions on intertwined issues, the Court may adopt a broad approach to costs rather than tracing each party's position in detail. Unsuccessful arguments by different parties on the same issues may be treated as cancelling each other out, with costs orders reflecting only the net successful issues, assessed proportionately by reference to hearing time. Indemnity insurance is collateral to costs orders between insured defendants and plaintiffs.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.