Galea v Farrugia (No 2) [2013] NSWCA 376

Galea v Farrugia (No 2) [2013] NSWCA 376

The respondents' offers to settle the appeal on a walk away basis did not involve any element of genuine compromise because the available chronology supported the inference that the respondents had undertaken little work and incurred no significant costs before the offers were made; the application for indemnity costs was therefore rejected.

Jurisdiction
Australia
Judgment Date
13 November 2013
Procedural Posture
Costs Application on Notice of Motion / On the Papers After Dismissal of Appeal and Costs Order
Outcome
The respondents' Notice of Motion is dismissed with costs.
Legal Topics
['indemnity Costs' 'offer of Compromise' 'calderbank Offer' 'genuine Compromise' 'variation of Costs Order']
['costs' 'civil Procedure'] ['indemnity Costs' 'offer of Compromise' 'calderbank Offer' 'genuine Compromise' 'variation of Costs Order']

Case Brief

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Procedural Posture

Costs Application on Notice of Motion / On the Papers After Dismissal of Appeal and Costs Order

Legal Issues

  1. 1 ['Whether the first and second respondents should receive indemnity costs after making an Offer of Compromise to settle the appeal on a walk away basis.' 'Whether the Calderbank offer to settle the appeal on a walk away basis involved a genuine compromise.' 'Whether the chronology supported an inference that the respondents had incurred little expense before the offers were made.']

Ratio Decidendi

The respondents' offers to settle the appeal on a walk away basis did not involve any element of genuine compromise because the available chronology supported the inference that the respondents had undertaken little work and incurred no significant costs before the offers were made; the application for indemnity costs was therefore rejected.

Court Disposition

The respondents' Notice of Motion is dismissed with costs.

Orders

  • ["The respondents' Notice of Motion is dismissed with costs."]