Rosebanner Pty Ltd & Anor v EnergyAustralia (No 2) [2011] NSWCA 150

Rosebanner Pty Ltd & Anor v EnergyAustralia (No 2) [2011] NSWCA 150

The offer of compromise made by the respondent at trial was persuasive because the main issues on appeal were substantially the same as at trial, the appellants were unsuccessful at both stages, and their challenge to factual findings lacked substance. Therefore, the respondent was entitled to indemnity costs of the appeal. An order to change the respondent's name was also proper due to a legislative change.

Jurisdiction
Australia
Judgment Date
17 June 2011
Procedural Posture
Appeal / Post Judgment: Determination of Costs and Change of Name Order
Outcome
Appellants ordered to pay respondent’s costs of the appeal on an indemnity basis; leave given to amend the respondent’s name
Legal Topics
['costs' 'offers of Compromise' 'indemnity Costs']
['civil Procedure'] ['costs' 'offers of Compromise' 'indemnity Costs']

Case Brief

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Procedural Posture

Appeal / Post Judgment: Determination of Costs and Change of Name Order

Legal Issues

  1. 1 ['Whether the respondent is entitled to costs of the appeal on an indemnity basis due to a pre-trial offer of compromise' "Whether an order should be made to amend the respondent's name in the proceedings"]

Ratio Decidendi

The offer of compromise made by the respondent at trial was persuasive because the main issues on appeal were substantially the same as at trial, the appellants were unsuccessful at both stages, and their challenge to factual findings lacked substance. Therefore, the respondent was entitled to indemnity costs of the appeal. An order to change the respondent's name was also proper due to a legislative change.

Court Disposition

Appellants ordered to pay respondent’s costs of the appeal on an indemnity basis; leave given to amend the respondent’s name

Orders

  • ['Leave to amend to change the name of the respondent in the title of court documents to Ausgrid.' "The appellants to pay the respondent's costs of the appeal on an indemnity basis." "The appellants to pay the respondent's costs of and incidental to the notice of motion."]