Where an applicant succeeds on appeal on only a limited number of grounds, particularly where the successful ground was raised for the first time at the hearing and did not alter the penalty, a substantial costs order (85%) in favour of the respondent is appropriate. Under the Appeal Costs Act 1998 (Vic), only a respondent to a successful appeal may apply for an indemnity certificate under s 4, and s 6 does not extend to 'notional' costs in favour of a partially successful applicant.
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