In this case the judge decided an issue in favour of Solarus. There were still seven issues to be decided in the case. Solarus argued that they should receive costs for the separate issue. Vero countered that costs should be decided on the finality of all the issues.
Essentially, the Court focused on how solving an issue early can help drive the case and save further litigation at times. In addition, if an issue is decided early, that party may lose on other issues, thus blocking their ability to collect for the issue they were successful on. Floruit Holdings Pty Ltd v Sebastian - Builders and Developers Pty Ltd  NSWCA 411 is the general rule in this area and is quoted as follows:
"Her Honour said (at ): The fact that the appellants may not be successful in the main case in the District Court, by reason of a failure to prove causation or for any other reason, does not in my view disentitle them to their costs of the hearing in relation to the separate question, which was a discrete issue. The appellants should have their costs of the hearing of the separate question in the District Court."
The Court ruled in favour of Solarus for the following reason:
"I do regard Bergin CJ in Eq’s approach in Floruit Holdings as reflecting a general rule of practice. Her Honour recognised that the case might yet be lost by the party who was successful on the separate question for a variety of reasons. As Pembroke J put it, the determination of a separate question almost always decides an issue the parties perceive to have legal or practical significance for the resolution of the litigation. That there may be "much for further hearing" in this case, as in like cases, does not detract from the applicability of the "general rule" (with great respect, I hesitate to regard it as a matter of judicial "policy"). None of Vero’s arguments persuade me that this is an occasion for departure from the general rule." (at para 11).
It was ordered that the defendant to pay the plaintiff’s costs of and incidental to the determination of the separate questions on the ordinary basis.