Callan v Chawk (Costs) [2023] FCA 1198

Callan v Chawk (Costs) [2023] FCA 1198

Because Dr Callan made an exceptionally generous Third Offer that was more favourable than the eventual judgment, and no sufficient reason was shown as to why costs should not follow r 25.14 from that date, Mr Chawk is to pay Dr Callan's costs on an indemnity basis from 11.00 am on 6 October 2022, with lump sum assessment, and pre-judgment interest is fixed at $6,873.78. No stay is justified as the usual rule is that the successful party is entitled to their fruits pending appeal.

Jurisdiction
Australia
Judgment Date
10 October 2023
Procedural Posture
Costs Application Following Judgment / Post Judgment (costs)
Outcome
Application to vary costs order granted in part; indemnity costs from 11.00 am 6 October 2022; lump sum costs procedure ordered; pre-judgment interest fixed at $6,873.78; stay refused.
Legal Topics
['costs' 'indemnity Costs' 'offers of Compromise' 'lump Sum Costs' 'pre Judgment Interest' 'stay of Order']
['civil Procedure'] ['costs' 'indemnity Costs' 'offers of Compromise' 'lump Sum Costs' 'pre Judgment Interest' 'stay of Order']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Costs Application Following Judgment / Post Judgment (costs)

Legal Issues

  1. 1 ['Whether indemnity costs should be awarded from a particular date' 'Whether costs should be determined on a lump sum basis' 'Whether the costs order should be stayed pending appeal' 'Entitlement and quantification of pre-judgment interest']

Ratio Decidendi

Because Dr Callan made an exceptionally generous Third Offer that was more favourable than the eventual judgment, and no sufficient reason was shown as to why costs should not follow r 25.14 from that date, Mr Chawk is to pay Dr Callan's costs on an indemnity basis from 11.00 am on 6 October 2022, with lump sum assessment, and pre-judgment interest is fixed at $6,873.78. No stay is justified as the usual rule is that the successful party is entitled to their fruits pending appeal.

Court Disposition

Application to vary costs order granted in part; indemnity costs from 11.00 am 6 October 2022; lump sum costs procedure ordered; pre-judgment interest fixed at $6,873.78; stay refused.

Orders

  • ['Orders 2 and 3 of 3 August 2023 vacated.' 'Respondent to pay pre-judgment interest of $6,873.78 for period 16 October 2020 to 3 August 2023.' "Respondent to pay applicant's costs on ordinary basis up to 11.00 am 6 October 2022, thereafter on indemnity basis, in lump sums to be determined by Registrar." 'Applicant...