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Respondent to appeal awarded one third of costs in light of mixed success
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Court of Appeal awards respondent to an appeal one-third of the overall costs of the High Court and the appeal, on the grounds that neither side to the appeal had been successful, and the success of the respondent to one issue of the appeal had to be viewed in light of the fact that the appellant had been successful on another aspect.
Costello J (judgment of the court): Application for costs - whether either party successful on appeal.
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