The ACT Court of Appeal ordered each party to bear their own costs of the appeal where the appellant succeeded on the double recovery/credit issue but lost on the dominant excavation works issue and had abandoned a third ground. The Court declined to fix costs at first instance or quantify the credit to be given for a prior settlement, holding that doing so would effectively deprive the parties of a meaningful avenue of challenge, and directed that the issue be resolved at first instance or by agreement.
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