CSL Australia Pty Limited v Formosa (No 2) [2009] NSWCA 425

CSL Australia Pty Limited v Formosa (No 2) [2009] NSWCA 425

Respondent entitled to costs of the appeal on an ordinary basis up to 5 November 2008 and on an indemnity basis thereafter. Cross-respondents entitled to costs of cross-appeal as respondent was unsuccessful on cross-appeal.

Jurisdiction
Australia
Judgment Date
23 December 2009
Procedural Posture
Appeal and Cross Appeal Costs Judgment / Consequential Orders After Judgment
Outcome
Costs order varied
Legal Topics
['costs' 'offer of Compromise']
['civil Procedure'] ['costs' 'offer of Compromise']

Case Brief

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Procedural Posture

Appeal and Cross Appeal Costs Judgment / Consequential Orders After Judgment

Legal Issues

  1. 1 ['Entitlement to costs following offer of compromise' 'Classification of offer as Calderbank offer' 'Application of indemnity costs post-offer']

Ratio Decidendi

Respondent entitled to costs of the appeal on an ordinary basis up to 5 November 2008 and on an indemnity basis thereafter. Cross-respondents entitled to costs of cross-appeal as respondent was unsuccessful on cross-appeal.

Court Disposition

Costs order varied

Orders

  • ["Appellants to pay respondent's costs of the appeal on an ordinary basis up to 5 November 2008 and on an indemnity basis thereafter." "Cross-appellant/respondent to pay cross-respondents'/appellants' costs of the cross-appeal." "Appellants to pay half of respondent's costs of the motion."]