The court confirmed that springing orders are intended to mark the end of the line for non-compliant parties, and that the power to extend time after a springing order has lapsed is to be exercised cautiously. Under s 19(2)(b) of the Criminal Appeals Act 2004 (WA), there is no general rule that costs follow the event in criminal appeals; the court has an unconstrained discretion. The inability of an unsuccessful party to meet a costs order is not a sufficient reason to deny a successful party their costs.
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