Where a legal issue raised in proceedings is resolved adversely to a party in separate proceedings, the first proceedings may be treated as having had a hearing on the merits in substance for costs purposes, displacing the usual Lai Qin approach of no order as to costs. The availability of alternative proceedings in a lower tribunal, combined with the principle that constitutional issues should not be addressed where other grounds may resolve the case, may be taken into account in assessing whether the discontinuing party's case had sufficient prospects of success.
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