Whether a claim is pleaded as primary or alternative is not the test for determining the successful party for costs purposes; the court views the proceeding as a whole. Where multiple causes of action share a common factual matrix and the issues are not clearly severable or dominant, the successful party is entitled to costs of the whole proceeding without apportionment, even if they failed on one cause of action.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
2 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.