Decision:

(1) The appellant pay the respondent’s costs of and associated with the proceedings at first instance on an ordinary basis up to 19 January 2017, as agreed or assessed.



(2) Subject to order 3 below, the appellant pay the respondent’s costs of and associated with the proceedings at first instance on an indemnity basis from 20 January 2017 to 17 December 2019, as agreed or assessed.



(3) The respondent pay the appellant’s costs thrown away by the vacation of the hearing in the District Court below before Acting Judge CJ Armitage on 26 September 2017, as agreed or assessed.



(4) Each party to bear their own costs of and associated with the appeal proceedings up to 30 August 2019.



(5) The appellant pay the respondent’s costs of and associated with the appeal proceedings on an indemnity basis from 31 August 2019, as agreed or assessed.