The impecuniosity of an unsuccessful party, the potential futility of a costs order, and the successful party's character as a public authority do not without more justify departure from the general rule that costs follow the event. Indemnity costs are appropriate where an appellant pursues groundless allegations and hopeless appeals at the appellate level, even where standard costs are appropriate at first instance where the result turned on contested factual findings. A Court of Appeal should generally not fix costs in a lump sum where quantum requires closer scrutiny and the paying party has not been heard on the question.
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