where the appellant was successful in substantial part on appeal
Quick Take
1Under r 766(1)(a) of the UCPR, the Court of Appeal possesses all the powers and duties of the court that made the decision appealed from, including jurisdiction to vary a costs order made by the primary judge even where no separate notice of appeal was filed against that costs order.
2A consent costs order will not be disturbed on appeal absent some particular reason being shown, even where the substantive appeal succeeds in part and the merits of the underlying proceeding have shifted.
3Where an appellant enjoys substantial but not complete success on appeal, and the court's reinstatement of claims is not an endorsement of the current form of pleading, a proportionate costs order (here 50 per cent) may be appropriate.
