Where a party succeeds on one claim but fails on another, costs need not be apportioned if both claims involved substantially the same evidence and there was no bright line between them. An offer of compromise under O 23 r 2 of the Federal Court Rules 1979 is not a Calderbank offer and carries the costs consequences prescribed by the Rules. A party seeking a stay of payment out of secured funds pending a potential special leave application must articulate a basis for the stay within a reasonable time.
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