Penrith Whitewater Stadium Ltd & Anor v Lesvos Pty Ltd & Anor (No 2) [2007] NSWCA 206

Penrith Whitewater Stadium Ltd & Anor v Lesvos Pty Ltd & Anor (No 2) [2007] NSWCA 206

The Calderbank offer did not justify altering the proposed costs orders because it expired before the respondents were formally informed of the appellants' reliance on s 54A(1) of the Conveyancing Act 1919 (NSW), indemnity costs were not warranted, and neither party's further proposed variations should be upheld.

Jurisdiction
Australia
Judgment Date
15 August 2007
Procedural Posture
Appeal / Judgment on Costs on Written Submissions
Outcome
Proposed costs orders made, with an additional order that there be no order as to the costs of the applications to vary the proposed costs orders.
Legal Topics
['calderbank Offer' 'indemnity Costs' 'costs of Trial and Appeal' "suitors' Fund Certificate"]
['civil Procedure' 'costs' 'appellate Procedure'] ['calderbank Offer' 'indemnity Costs' 'costs of Trial and Appeal' "suitors' Fund Certificate"]

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Procedural Posture

Appeal / Judgment on Costs on Written Submissions

Legal Issues

  1. 1 ['Whether the Calderbank offer should affect the proposed costs orders.' 'Whether respondents should be ordered to pay costs on an indemnity basis.' 'Whether the proposed costs orders in [2007] NSWCA 176 should be varied.']

Ratio Decidendi

The Calderbank offer did not justify altering the proposed costs orders because it expired before the respondents were formally informed of the appellants' reliance on s 54A(1) of the Conveyancing Act 1919 (NSW), indemnity costs were not warranted, and neither party's further proposed variations should be upheld.

Court Disposition

Proposed costs orders made, with an additional order that there be no order as to the costs of the applications to vary the proposed costs orders.

Orders

  • ['The respondents pay the costs of the trial.' 'The respondents pay the costs of the appeal, save for the costs that were incurred in preparing the orange book and the arguments incorporated in it, and in preparing for the oral argument on appeal in regard to arguments unconnected with s 54A(1) of the Conveyancing...