K'Mart Australia Ltd v McCann [No 2] [2004] NSWCA 364

K'Mart Australia Ltd v McCann [No 2] [2004] NSWCA 364

The application for indemnity costs should be dismissed because the appellant achieved substantial success in the appeal by significantly reducing the damages awarded, and the discretion as to costs should be exercised such that costs follow the event rather than on an indemnity basis.

Jurisdiction
Australia
Judgment Date
11 November 2004
Procedural Posture
Appeal / Application for Indemnity Costs After Appeal Judgment
Outcome
Application dismissed.
Legal Topics
['costs' 'offers of Compromise' 'appeals']
['civil Procedure'] ['costs' 'offers of Compromise' 'appeals']

Case Brief

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Procedural Posture

Appeal / Application for Indemnity Costs After Appeal Judgment

Legal Issues

  1. 1 ['Whether indemnity costs should be awarded to the respondent following offers of compromise' 'The relevance and application of District Court Rules versus Supreme Court Rules in appeal costs']

Ratio Decidendi

The application for indemnity costs should be dismissed because the appellant achieved substantial success in the appeal by significantly reducing the damages awarded, and the discretion as to costs should be exercised such that costs follow the event rather than on an indemnity basis.

Court Disposition

Application dismissed.

Orders

  • []