Where an appellant succeeds on a less substantial issue (contributory negligence) but fails on the more substantial issue (negligence), the court may award the appellant only a fraction of its appeal costs — here, one quarter. The relative proportion of submissions and argument devoted to each issue, and whether the unsuccessful challenge required substantially more preparation, are relevant considerations.
The full text is available to signed-in members, including the 13 later cases that cite this judgment.
3 of the 13 citing cases carry a classified treatment. How each court treated it is available to signed-in members.