COSTS - where appeal dismissed but partial variations made as to the costs order in favour of appellant - whether usual costs orders should apply - where appellant claims costs on indemnity basis - whether outcome of the appeal equivalent to or better than the terms of offer made by appellant - whether respondent acted unreasonably in not accepting offer - where costs component of the appeal not in existence at the time of offer - where extent of appellant's success in variation of costs orders a result of reasoning proposed by the Court
Held: respondent awarded two-thirds of its costs on a party and party basis
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