Confirms the standard approach to apportioning costs where both parties enjoy mixed success on a strike-out application: the court will form an overall impression of comparative success having regard to the significance of issues, how they were determined, and time spent, and may order a percentage of costs rather than all-or-nothing. arguments on a strike-out application that do not conform with strike-out jurisprudence and instead resemble trial arguments may weigh against a costs award.
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