'Dominant or separable' issues – alternative submissions

The New South Wales Court of Appeal has held that it will not be of significance in deciding costs orders that an appellant was not successful on every submission, unless made in respect of 'dominant or separable' issues – as distinct from alternative submissions on the same issue. [Case ref: Xu v Jinhong Design & Constructions Pty Ltd (No 2) [2011] NSWCA 333.]