Where the substantive question underlying reserved costs applications was never determined for pragmatic case management reasons, and the applicant's arguments had some merit, the court may exercise its discretion to make no order as to costs rather than requiring costs to follow the event of the appeal. The question of whether s 64 of the Supreme Court of Queensland Act 1991 has the same scope as its predecessor s 253 of the Supreme Court Act 1995 (Qld) remains unresolved.
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