Where an applicant files a premature application to appeal before any final order has been made, and subsequently decides not to pursue the appeal after a final order is made, costs follow the event of the dismissed application. The identification by the Court of Appeal of errors in the primary judge's reasoning (which the applicant had not raised) does not constitute an 'event' decided in the applicant's favour for costs purposes. An executor who pursues a misconceived application will not be entitled to reimbursement or indemnity from the estate for costs incurred or ordered to be paid.
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