The general rule that a substantially successful party recovers costs without apportionment applies in appellate proceedings unless the unsuccessful issues are 'separate and discrete'. Rejection of settlement proposals and failure to dissuade a primary judge from procedural error do not, without more, warrant indemnity costs, particularly given the freedom accorded to judges in case management. Courts may direct registrars to scrutinise excessively lengthy documents on assessment and may stay assessment until underlying proceedings conclude to avoid diverting parties from substantive litigation.
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