› Successful appellant entitled to costs despite not succeeding on all issues
Costs
› Differential costs orders
› Whether unsuccessful submissions on ancillary issues warrant separate costs order
Costs
› Appellate costs
› Effect of intervening appellate decisions on costs entitlement
Quick Take
1Where an appellant succeeds in having a lower court's substantive order set aside on appeal, the ordinary rule that costs follow the event is not displaced merely because the legal basis for setting aside the order emerged from separate proceedings rather than the appellant's own arguments, or because the appellant's submissions on the appropriate form of disposition were not accepted.
2An unsuccessful contention by an appellant that the appellate court should itself assess compensation rather than remit the matter is properly characterised as ancillary to the appellant's substantive success and does not warrant a differential costs order where the contention was not unreasonable to pursue.
3A respondent's argument that costs should be awarded in its favour because the only 'live' or 'controversial' issues at the hearing were determined against the appellant will not succeed where those issues are not properly separable from the matter on which the appellant succeeded.
