BAGNALL v DJAKOVIC SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL PRIESTLEY, MEAGHER and COLE JJA 30 August 1994 [1994] NSWCA 46 Priestley JA In this matter the appellant seeks leave to discontinue, which the Court grants. The only matter to be decided is the costs order to be made. Leave to appeal was granted in this matter on 18 November 1991. On that date the question of costs until then was raised and the Court made an express order that there should be no order as to costs. Thereafter a notice of appeal was filed pursuant to the leave granted by the Court. On February 1992 the solicitors for the appellant wrote to the solicitors for the respondent saying that as no relief was sought against the respondent in the appeal they would oppose any order for the respondent's costs being made. The position stated in that letter seems to the Court to have been a sensible one which the solicitors for the respondent should have acquiesced in. Today it has been submitted that costs should be awarded to the respondent for various matters taking place after 27 February 1992. We do not think that should be so. The only costs order the Court is prepared to make is an order that the respondent have her costs of the appeal for the period between 18 November 1991 and 27 February 1992.