Rodger v De Gelder (No 2)

In *Rodger v De Gelder (No 2)*, the appeal concerned the costs of an appeal where the appellant was successful on only one of the principal issues argued. The judgment was delivered by Beazley, McColl and Macfarlan JJA.

The court was required to determine the appropriate order for the costs of the appeal, given the partial success of the appellant.

The court reasoned that where an appellant is successful on only one of several principal issues, the costs order should reflect this mixed outcome. The court applied the principle that costs should generally follow the event, but that this principle is subject to modification based on the specific circumstances of the case, including the extent of success and the nature of the issues litigated.

The court ordered that the first respondent pay one third of the appellant's costs of the appeal, setting aside the previous order relating to the costs of the appeal.