Guest v Karl Romandi & Helen De Luis Pty Ltd (No. 2) [2012] NSWCA 105

Guest v Karl Romandi & Helen De Luis Pty Ltd (No. 2) [2012] NSWCA 105

Neither party's Calderbank offer was capable of comparison to the actual outcome, and neither party’s rejection of the offers justified departure from the ordinary rule as to costs; thus applications to vary costs orders were dismissed.

Jurisdiction
Australia
Judgment Date
20 April 2012
Procedural Posture
Applications to Vary Costs Orders in Appellate Proceedings / Post Judgment Applications (costs Variation)
Outcome
Applications to vary previous costs orders dismissed. No order as to costs of the applications.
Legal Topics
['costs' 'offers of Compromise' 'calderbank Offers']
['civil Procedure'] ['costs' 'offers of Compromise' 'calderbank Offers']

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Procedural Posture

Applications to Vary Costs Orders in Appellate Proceedings / Post Judgment Applications (costs Variation)

Legal Issues

  1. 1 ['Whether rejection of Calderbank offers by parties justifies variation of costs orders' "Appropriate exercise of the court's discretion in awarding costs following offers of compromise"]

Ratio Decidendi

Neither party's Calderbank offer was capable of comparison to the actual outcome, and neither party’s rejection of the offers justified departure from the ordinary rule as to costs; thus applications to vary costs orders were dismissed.

Court Disposition

Applications to vary previous costs orders dismissed. No order as to costs of the applications.

Orders

  • ['Applications of the parties to vary the orders as to costs made on 13 April 2012 are dismissed.' 'There be no order as to the costs of the applications dealt with by this judgment.']