Where a respondent abandons its original outline of argument and files a completely new outline without explanation, causing the appellant to incur wasted costs in preparing a reply to the abandoned outline, the respondent should be ordered to pay those wasted costs even though the respondent was ultimately successful in the appeal. A successful respondent's entitlement to costs should not be eroded merely because it enjoyed only limited success on a notice of contention, particularly where the unsuccessful ground was reasonably arguable and involved only a short point.
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