Where an appellant succeeds on an alternative cause of action that was not addressed at trial and was only raised by late amendment on appeal, while the respondent succeeds on a cross-appeal overturning the primary finding of liability, the appropriate costs order may be that each party bear their own costs of both the trial and the appeal. The usual rule that costs follow the event may be departed from where the successful cause of action was not the one principally relied upon at trial.
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