Sydney Harbour Foreshore Authority & Anor v Perrett & Anor (No 2) [2011] NSWCA 44

Sydney Harbour Foreshore Authority & Anor v Perrett & Anor (No 2) [2011] NSWCA 44

The first respondent was not entitled to indemnity costs because the appeal was not so completely devoid of merit and, although the Calderbank offer contained a modest element of compromise, the offer to bear his own appeal costs did not involve a real or genuine compromise of his claims.

Jurisdiction
Australia
Judgment Date
10 March 2011
Procedural Posture
Costs Motion in Civil Appeal / On the Papers After Dismissal of Appeal
Outcome
Motion dismissed with costs.
Legal Topics
['indemnity Costs' 'calderbank Offer' 'genuine Compromise' 'appeal Costs']
['civil Procedure' 'costs'] ['indemnity Costs' 'calderbank Offer' 'genuine Compromise' 'appeal Costs']

Case Brief

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Procedural Posture

Costs Motion in Civil Appeal / On the Papers After Dismissal of Appeal

Legal Issues

  1. 1 ["Whether the first respondent's costs of the appeal should be assessed on an indemnity basis because of a refused Calderbank offer." 'Whether the appeal was so devoid of merit as to warrant indemnity costs.']

Ratio Decidendi

The first respondent was not entitled to indemnity costs because the appeal was not so completely devoid of merit and, although the Calderbank offer contained a modest element of compromise, the offer to bear his own appeal costs did not involve a real or genuine compromise of his claims.

Court Disposition

Motion dismissed with costs.

Orders

  • ['The motion of 5 October 2010 is dismissed with costs.']