Where a successful appellant fails on fact-dependent grounds including fraud allegations that expanded the scope of the appeal, a 30% reduction in recoverable costs may be appropriate. A party seeking to retain funds in court pending a foreshadowed special leave application must meet the same threshold as for a freezing order, including demonstrating a danger of asset dissipation, and even greater caution is warranted given the additional hurdles for special leave. Where an appellant's framing of its case at trial caused substantial wasted resources on irrelevant factual inquiries, no costs order may be made despite the appellant's ultimate success on appeal.
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