Commonwealth of Australia v Ryan (No 2) [2002] NSWCA 386

Commonwealth of Australia v Ryan (No 2) [2002] NSWCA 386

The Court held that the respondent's Calderbank offer contained no real compromise and was essentially an invitation to abandon the appeal; therefore, indemnity costs were not justified and the application was dismissed with costs.

Parties
Appellant: Commonwealth of Australia; Respondent: David William Ryan
Jurisdiction
Australia
Judgment Date
06 December 2002
Procedural Posture
Appeal / Post Judgment Costs Application
Outcome
Application dismissed with costs
Legal Topics
Indemnity Costs, Calderbank Offer
Civil Procedure Costs Indemnity Costs Calderbank Offer

Case Brief

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Parties

Commonwealth of Australia

Appellant

David William Ryan

Respondent

Procedural Posture

Appeal / Post Judgment Costs Application

Legal Issues

  1. 1 Whether the respondent is entitled to indemnity costs following a Calderbank offer after appeal dismissed

Ratio Decidendi

The Court held that the respondent's Calderbank offer contained no real compromise and was essentially an invitation to abandon the appeal; therefore, indemnity costs were not justified and the application was dismissed with costs.

Court Disposition

Application dismissed with costs

Orders

  • Application for indemnity costs dismissed
  • Costs awarded against applicant