King Network Group Pty Ltd v Club of the Clubs Pty Ltd (No 2) [2009] NSWCA 204

King Network Group Pty Ltd v Club of the Clubs Pty Ltd (No 2) [2009] NSWCA 204

Given the complexity of the litigation and the comparative unattractiveness of the Calderbank offer when measured against the risks and quantum at trial, it was not unreasonable for the respondents to reject the offer. A broad-brush approach is justified for costs, leading to an order that the respondents pay 75% of the appellants' costs of the appeal and that King Network Group Pty Ltd pay 50% of the respondents' costs of the trial.

Jurisdiction
Australia
Judgment Date
20 July 2009
Procedural Posture
Appeal / Determination of Costs and Restitution After Principal Judgment
Outcome
Orders made as per consent for restitution; costs orders as specified.
Legal Topics
['costs' 'restitution' 'calderbank Offers' 'jointly Represented Parties']
['civil Procedure'] ['costs' 'restitution' 'calderbank Offers' 'jointly Represented Parties']

Case Brief

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Procedural Posture

Appeal / Determination of Costs and Restitution After Principal Judgment

Legal Issues

  1. 1 ["Whether respondents' rejection of Calderbank offer was unreasonable for costs determination" 'Principles relating to costs orders for jointly represented parties' 'Appropriate orders for restitution and costs following appeal']

Ratio Decidendi

Given the complexity of the litigation and the comparative unattractiveness of the Calderbank offer when measured against the risks and quantum at trial, it was not unreasonable for the respondents to reject the offer. A broad-brush approach is justified for costs, leading to an order that the respondents pay 75% of the appellants' costs of the appeal and that King Network Group Pty Ltd pay 50% of the respondents' costs of the trial.

Court Disposition

Orders made as per consent for restitution; costs orders as specified.

Orders

  • ["Orders 1 to 8 as per the document headed 'Consent Orders' dated April 2009." "Order that the respondents pay 75% of the appellants' costs of the appeal." "Order that King Network Group Pty Ltd pay 50% of the respondents' costs of the trial."]