Maniotis v J H Lever & Co Pty Ltd (ACN 008 220 666) (No 2) [2006] FCAFC 28

Maniotis v J H Lever & Co Pty Ltd (ACN 008 220 666) (No 2) [2006] FCAFC 28

Because each party was partially successful, the appellants had also pursued a motion to adduce further evidence until shortly before the hearing, and the conduct and outcome of the appeal made dissection of costs inappropriate, the proper order was no order as to costs. The timing, context and premise of the Calderbank letter meant it was not unreasonable for the respondent to reject it, so indemnity costs were not warranted.

Jurisdiction
Australia
Judgment Date
20 March 2006
Procedural Posture
Costs Ruling on Appeal / After Appeal Allowed in Part and Costs Submissions Received
Outcome
No order as to costs of the appeal.
Legal Topics
['costs of Appeal' 'indemnity Costs' 'calderbank Offer' 'partial Success on Appeal']
['civil Procedure' 'costs' 'appellate Procedure'] ['costs of Appeal' 'indemnity Costs' 'calderbank Offer' 'partial Success on Appeal']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Costs Ruling on Appeal / After Appeal Allowed in Part and Costs Submissions Received

Legal Issues

  1. 1 ['Whether the appellants should receive the costs of the appeal where each party was partially successful.' "Whether the respondent acted unreasonably in rejecting the appellants' Calderbank letter so as to justify indemnity costs."]

Ratio Decidendi

Because each party was partially successful, the appellants had also pursued a motion to adduce further evidence until shortly before the hearing, and the conduct and outcome of the appeal made dissection of costs inappropriate, the proper order was no order as to costs. The timing, context and premise of the Calderbank letter meant it was not unreasonable for the respondent to reject it, so indemnity costs were not warranted.

Court Disposition

No order as to costs of the appeal.

Orders

  • ['There be no order as to costs of the appeal.']