CBA Investments Limited v Northern Star Limited (No. 2) [2002] NSWCA 146

CBA Investments Limited v Northern Star Limited (No. 2) [2002] NSWCA 146

Given this case was 'all or nothing,' with limited scope for compromise and the appellant had an arguable case, the refusal of the Calderbank offers was not unreasonable, and indemnity costs are not warranted.

Jurisdiction
Australia
Judgment Date
22 May 2002
Procedural Posture
Appeal / Costs Judgment Following Dismissal of Appeal
Outcome
Application for indemnity costs dismissed; costs orders made as specified.
Legal Topics
['costs' 'calderbank Offers' 'indemnity Costs']
['civil Procedure'] ['costs' 'calderbank Offers' 'indemnity Costs']

Case Brief

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Procedural Posture

Appeal / Costs Judgment Following Dismissal of Appeal

Legal Issues

  1. 1 ["Whether appellant's refusal of Calderbank offers warrants an order for indemnity costs against it"]

Ratio Decidendi

Given this case was 'all or nothing,' with limited scope for compromise and the appellant had an arguable case, the refusal of the Calderbank offers was not unreasonable, and indemnity costs are not warranted.

Court Disposition

Application for indemnity costs dismissed; costs orders made as specified.

Orders

  • ["The respondents' application for an indemnity costs order is dismissed." "The respondents to pay the appellant's costs of the application." "The appellant to pay the respondents' costs of the appeal."]