Where an appellant succeeds on appeal but failed on discrete issues at trial, an issues-based costs order may be appropriate, but the reduction should account for the overlap between evidence on successful and unsuccessful issues. The mere dismissal of a party's claim or defence does not indicate breach of overarching obligations under the Civil Procedure Act 2010 (Vic), and s 29 summonses should not be issued lightly. An appellate court may determine trial costs rather than remitting them to the trial judge where doing so promotes finality and the overarching purpose under s 7(1) of the CPA.
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