CSR Limited v. Clydesdale [2003] NSWCA 363

CSR Limited v. Clydesdale [2003] NSWCA 363

The respondent's offer to compromise was no less favourable than the result achieved; accordingly, the respondent is entitled to indemnity costs from the time defined by the offer, while the appellant is entitled to costs up to that time as the appeal was justified.

Parties
Appellant: CSR Limited; Respondent: Kim Clydesdale
Jurisdiction
Australia
Judgment Date
11 December 2003
Procedural Posture
Appeal / Judgment Following Submissions on Mathematical Calculations and Costs
Outcome
Appeal allowed to the extent of substituting the corrected award and orders as to costs; previous orders vacated.
Legal Topics
Costs, Appeal, Offer of Compromise
Practice and Procedure Costs Appeal Offer of Compromise

Case Brief

Summary, issues, holding and outcome

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Parties

CSR Limited

Appellant

Kim Clydesdale

Respondent

Procedural Posture

Appeal / Judgment Following Submissions on Mathematical Calculations and Costs

Legal Issues

  1. 1 Whether the corrected judgment sum should be substituted for that of the primary judge
  2. 2 Entitlement to costs based on offer of compromise exceeding the substituted judgment

Ratio Decidendi

The respondent's offer to compromise was no less favourable than the result achieved; accordingly, the respondent is entitled to indemnity costs from the time defined by the offer, while the appellant is entitled to costs up to that time as the appeal was justified.

Court Disposition

Appeal allowed to the extent of substituting the corrected award and orders as to costs; previous orders vacated.

Orders

  • Orders 1 and 2 made 21 November 2003 vacated.
  • Appeal allowed to the extent of substituting for the amount awarded to the respondent judgment in the sum of $974,240.70.