Novelly v Tamqia Pty Ltd (No 2) [2024] NSWCA 209

Novelly v Tamqia Pty Ltd (No 2) [2024] NSWCA 209

It was not unreasonable for the respondents to not accept the Calderbank offer due to the short time allowed, absence of applicant’s written appeal submissions at the time, and the lack of adequate explanation in the offer of why it should be accepted; thus, no indemnity costs order is justified.

Jurisdiction
Australia
Judgment Date
27 August 2024
Procedural Posture
Appeal / Post Judgment Motion on Costs
Outcome
Appellant's notice of motion for indemnity costs dismissed with costs.
Legal Topics
['costs' 'indemnity Costs' 'calderbank Offer']
['civil Procedure'] ['costs' 'indemnity Costs' 'calderbank Offer']

Case Brief

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Procedural Posture

Appeal / Post Judgment Motion on Costs

Legal Issues

  1. 1 ["Whether the respondents' non-acceptance of a Calderbank offer was unreasonable, justifying an indemnity costs order on appeal" 'Whether an application to vary costs order under UCPR, r 36.16(3A) requires leave or special circumstances']

Ratio Decidendi

It was not unreasonable for the respondents to not accept the Calderbank offer due to the short time allowed, absence of applicant’s written appeal submissions at the time, and the lack of adequate explanation in the offer of why it should be accepted; thus, no indemnity costs order is justified.

Court Disposition

Appellant's notice of motion for indemnity costs dismissed with costs.

Orders

  • ["Appellant's notice of motion filed 26 July 2024 is dismissed with costs."]