APPEAL – application for leave to appeal – costs – challenge to apportionment of costs – partial success at trial – whether costs should be apportioned as to causes of action where issues intertwined – whether apportionment to be based on pre-trial costs of preparation of evidence – whether costs assessor could allocate costs after the event.
COSTS – Calderbank letter – whether offer of fixed costs a genuine offer of compromise.
Robert Angyal SC appeared for the appellant.