Peter Willis v Health Communications Network Ltd (No 2) [2008] NSWCA 2

Peter Willis v Health Communications Network Ltd (No 2) [2008] NSWCA 2

The appellant's rejection of the respondent's reasonable settlement offer was unreasonable; the respondent is entitled to 80% of its costs at first instance on an ordinary basis until 23 June 2006 and on an indemnity basis thereafter; the appellant is entitled to 20% of its costs relating to the superannuation claim; apportionment and bases of costs were determined by reference to the time and submissions spent on each claim and the parties' conduct.

Jurisdiction
Australia
Judgment Date
08 February 2008
Procedural Posture
Appeal / Judgment on Costs
Outcome
appeal dismissed
Legal Topics
['costs' 'indemnity Costs' 'party/party Costs' 'calderbank Offer' 'offer of Compromise' 'settlement Negotiations']
['civil Procedure'] ['costs' 'indemnity Costs' 'party/party Costs' 'calderbank Offer' 'offer of Compromise' 'settlement Negotiations']

Case Brief

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Procedural Posture

Appeal / Judgment on Costs

Legal Issues

  1. 1 ['Whether costs should be paid on an indemnity basis' 'Whether settlement offers were reasonably refused' 'Apportionment of costs between claims']

Ratio Decidendi

The appellant's rejection of the respondent's reasonable settlement offer was unreasonable; the respondent is entitled to 80% of its costs at first instance on an ordinary basis until 23 June 2006 and on an indemnity basis thereafter; the appellant is entitled to 20% of its costs relating to the superannuation claim; apportionment and bases of costs were determined by reference to the time and submissions spent on each claim and the parties' conduct.

Court Disposition

appeal dismissed

Orders

  • ['Appeal dismissed.' "Set aside Judge Finnane's orders for costs at first instance." "Appellant to pay 80% of respondent's costs of District Court proceedings on an ordinary basis up to 23 June 2006 and on an indemnity basis thereafter." "Respondent to pay 20% of appellant's costs of District Court proceedings on an...