costs relating to appeal and two interlocutory applications brought by the appellant
where appeal successful but two interlocutory applications dismissed
Quick Take
1Where a successful appellant fails on discrete interlocutory applications within the appeal, the court may adopt an issues-based approach and apply a percentage discount to the costs order rather than making separate costs orders for each issue.
2In assessing the appropriate percentage reduction, the court may have regard to the proportion of the judgment and hearing time devoted to the unsuccessful issues as a guide to the time and costs associated with them.
