Where both parties have unwittingly come to the Court of Appeal unnecessarily due to mutual misapprehension — one challenging an order never made, the other engaging without realising the order did not exist — and the basis for the favourable outcome emerges only during argument, the appropriate costs order is no order as to costs, each party bearing its own costs.
The full text is available to signed-in members, including the 1 later case that cites this judgment.