Notice party not entitled to its costs against appellant in proceedings where settlement agreement was reached

Costs application - notice party to settled proceedings - application against appellant only - complex appeal at hearing for two weeks in July 2014 - parties to bear their own costs as part of subsequent settlement agreement - whether notice party entitled to its costs on the basis that initial decision by respondent now stands regarding applicant's application to it for universal service obligations funding - detrimental financial effect on notice party were appellant to be granted reliefs sought - Order 99 RSC - principles to be applied in costs applications - whether settlement now means that proceedings have been abandoned or discontinued, thus entitling the notice party to its costs - appellant reserved its right to argue again its points in relation to the decision under appeal at time of settlement - question of principle - notice party to run risk of incurring costs where proceedings settle recourse to it - unjust and unfair to award costs - application refused.