Catchwords:

COSTS – submissions as to costs following successful appeal – where orders on appeal provided for remittal of proceedings – where appellant had been substantially but not wholly successful on appeal – where respondents sought orders as to payment of 50% of costs of appeal – where respondents also sought order that costs of appeal be stayed pending retrial – consideration of authorities concerning stay of costs orders – held no common approach to making a stay order in the circumstances – stay refused – order that the respondents bear the costs of the appeal – order that subject to any order on retrial, costs of original trial be costs in the retrial