› Discretion to apportion costs between interlocutory applications
Quick Take
1Where an appellant obtains a stay of a first-instance order but ultimately fails on appeal, the competing considerations — success on the stay but failure on the underlying merits — may justify each party bearing its own costs of the stay application.
2Costs of interlocutory applications in succession litigation (here, an expedition application) may appropriately be borne by the estate where the application served the interests of the estate's administration.
